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

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).

2021 ◽  
Vol 3 (4) ◽  
pp. 130-139
Author(s):  
Nova Liani Munthe

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).


2021 ◽  
Vol 2 (2) ◽  
pp. 281-286
Author(s):  
I Made Aswin Ksamawantara ◽  
Johannes Ibrahim Kosasih ◽  
I Made Minggu Widyantara

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.


2021 ◽  
Vol 7 (4) ◽  
pp. 459-472
Author(s):  
Chatrin Intan Sari

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. 


2019 ◽  
Vol 1 (2) ◽  
pp. 121-128
Author(s):  
Muhammad Ridho Al Hasymi Daulay ◽  
Utary Maharani Barus ◽  
Rafiqi Rafiqi

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.


2018 ◽  
Vol 9 (1) ◽  
pp. 69-89
Author(s):  
Eman Sulaeman Nasim

Mass media currently plays an important role in the homeland. In addition to functioning as an agent of change and forming public opinion as well as economic and business facilities are profitable. One of the lucrative press companies to become the leading business conglomerate in Indonesia is Kompas Gramedia Group. In addition to managing the national mass media, Kompas Gramedia also manages local newspapers. Warta Kota is one of the local newspaper owned by Kompas Gramedia. In order to dominate the reader market in the capital city as well as to reach the larger advertising cake, the management of Warta Kota took over Kota Newspaper previously managed by PT Pena Mas Pewarta, and became its main competitor. The takeover of the City News newspaper is only done by purchasing the City News Newspaper. While PT Pena Mas Pewarta is not purchased. This research, want to see if what is done by Warta Karta Kota newspaper organizer is contradictory with Law No.5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, and can turn off the competitive climate and healthy competition in print mass media business in Jakarta and surrounding areas. The research was conducted using empirical law research method. Research that prioritizes field research to obtain primary data as the main data. In order to support and complement the main data, conducted by library research to obtain secondary data. Revealed the legal action conducted by the newspaper Warta Kota, in addition to avoiding the takeover of corporate responsibility of the City News Newspaper previously, as well as efforts of Kompas Gramedia to avoid acts contrary to the Law N0 5 of 1999 Article 28 (2). In addition, the Newspaper News Manager has violated Law no. 5 of 1999 Chapter IV Article 25 (1) and has violated Law no. 5 of 1999 Chapter IV Article 17 (2). What the Koran Warta Kota has done has also harmed the readers of the Kota Berita Newspaper in DKI Jakarta and its surroundings.


2021 ◽  
Vol 2 (1) ◽  
pp. 27-38
Author(s):  
Robinsius Asido Putra Nainggolan

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.


Author(s):  
Nurasiah Harahap

Financial Technology is the implementation and utilization of technology to improve banking and financial services which are generally carried out by startup companies by utilizing the latest software, internet, communication and computing technologies.The research conducted was juridical empirical and normative juridical research, namely field research with interviews as a basis for problem solving and analyzing statutory regulations. The data used are primary and secondary data, then the data collection methods used in this study are library research and field research. The data analysis used is a qualitative method.The results show that the legal protection of users of the Financial Technology (Financial Technology) service of borrowing and borrowing money based on information technology (Peer to Peer Lending) has been carried out by the Financial Services Authority (OJK) and its staff by means of supervision, examination and investigation based on the Financial Services Authority Regulation No. 77 / POJK.01 / 2016 concerning Information Technology-Based Lending and Borrowing Services.The conclusion is that the legal protection of users of the Financial Technology (Financial Technology) service of lending and borrowing money based on information technology (Peer to Peer Lending) can be realized in a preventive and repressive manner. Basically, the Operator does not have direct legal consequences that make risk transfer to the Operator. Keywords: Financial Technology, Peer to Peer Lending, Legal Protection for Users / Consumers.


2021 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Wilda Nurfitriani

In the Warnasari Village Sukabumi Sub-district Sukabumi District there are still many farmers who carry out agricultural land production sharing agreements (maparo bati) to fulfill their daily needs. Production sharing agreements between landowners and tenants are made orally. The problem that often occurs in production sharing agreements in Warnasari Village is that the cultivators do not report the actual results of the claim to the land owner. The research method used in writing this thesis is a normative juridical approach with analytical descriptive research specifications. The study was conducted with library research supported by field research. Secondary data collection techniques with library research and supported by primary data in the form of interviews which are then analyzed by qualitative juridical methods. Based on the results of the discussion, it can be concluded that the implementation of agricultural land-sharing agreements in the Warnasari Village, Sukabumi Sub-district, Sukabumi District has not yet fully applied the provisions of the Production Sharing Law. In the elucidation of Article 7 of the Production Sharing Law it is determined that the profit sharing balance is 1: 1 but the community uses a 60% balance for tenants and 40% for landowners. Legal protection of landowners in Warnasari Village as a result of verbally sharing agreements on agricultural land is carried out by applying the principles of good faith, reprimanding, and deliberation.Keywords: Profit Sharing Agreement, Agricultural Land, Law Number 2 of 1960.


2020 ◽  
Vol 3 (1) ◽  
pp. 163
Author(s):  
Nuryanto Nuryanto ◽  
Umar Ma'ruf

The birth of a complete systematic land registration program is expected to reduce the level of land problems faced by the government, especially in fulfilling land rights and accelerating the making of land certificates for the community. In this research, the formulation of the problem proposed is how is the dynamics of the community in implementing a complete systematic land registration in Blora Regency?. This study uses a sociological juridical approach to the type of analytical descriptive research. The data used for this study are primary and secondary data taken by library research methods, field research, and interviews. Based on the results of the study concluded that the dynamics of the community towards the implementation of the PTSL program by looking at the benefits of the program which has a great influence on the welfare of the community. In an effort to realize the welfare of the community, the community receiving land certificates through PTSL can be mobilized together to make various productive businesses that are expected to improve the community's economy.Keywords: Community Dynamics; Complete Systematic Land Registration; Land Office.


2019 ◽  
Vol 2 (1) ◽  
pp. 1-18
Author(s):  
Islamiyati Islamiyati

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


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