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Dandy Saputro; Rosita Candrakirana

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of dentists in Indonesia is an important concern in the health care system, especially regarding consumer protection. Dentists often provide services that exceed the limits of their authority, potentially endangering public health. This article aims to analyze the urgency of legal protection for consumers of health services in dental practices based on a normative perspective and the implementation of applicable regulations. This research uses normative juridical methods with statutory, conceptual and case approaches. The research results show that even though there are regulations such as Law no. 8 of 1999 concerning Consumer Protection and Minister of Health Regulation no. 39 of 2014, implementation is still less effective. This is caused by weak supervision, minimal public knowledge regarding consumer rights, and non-compliance by some dentists with regulations. Therefore, it is necessary to strengthen regulations, increase supervision by the government, and educate the public to realize optimal legal protection for consumers of health services.

Qurrotul A’yuni; Rohmatul Nazila Ramadhani; Yasmin Yasmin; Firza Agung Prakoso

Jurnal Manajemen Bisnis Era Digital 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This research aims to analyze students' understanding of consumer protection and its influence on confidence in purchasing goods on Shopee. The research used a qualitative approach with in-depth interview methods with high school students in Pasuruan. The research results show that students' shopping frequency at Shopee varies, with a fairly high level of satisfaction although there are still doubts about the effectiveness of the consumer protection features. Most students understand consumer rights and obligations as well as procedures for filing complaints, but some students feel the need for further education regarding steps to handle fraud. Product information on Shopee is considered accurate and buyer reviews provide additional confidence, but the implementation of consumer protection is considered not optimal. In conclusion, students' understanding of consumer protection contributes positively to their confidence in making purchases, but there is a need for improvement in education and transparency of protection features. It is hoped that the implications of this research will become a reference for e-commerce, schools and the government in increasing consumer awareness and protection in the digital era.

Elisabeth Saragih; Yasmirah Mandasari Saragih; MH Fauzan; Lasma Sinambela; Kaaisar Romolus Deo Sianipar

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the effectiveness of consumer protection law implementation in Indonesia, particularly through a case study approach on disputes between consumers and business actors. The research employs a qualitative method with normative and empirical juridical approaches. Data were obtained from legal documents, case reports, and interviews with relevant stakeholders. The findings reveal that although consumer protection regulations are comprehensive, their implementation faces challenges, such as low public legal awareness, weak law enforcement, and insufficient support from consumer protection institutions. This study recommend strengthening legal education, increasing the capacity of relevant institutions, and simplifying dispute resolution mechanisms.

Deski Bertolens Tungga; Thelma S.M Kadja; Heryanto Amalo

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to data obtained from the Food and Drug Supervisory Agency (BPOM), the total number of illegal cosmetics and/or containing prohibited/dangerous ingredients during the period from October 2021 to August 2022 was more than 1 million pieces with an economic value of IDR 34.4 billion. BPOM also followed up on findings based on reports from several drug and food supervisory authorities in other countries. Based on the report, as many as 46 (forty-six) cosmetics were withdrawn from circulation because they contained prohibited ingredients, microbial contamination, or were counterfeit cosmetics. During the same period, BPOM also carried out cyber patrols. This cyber patrol was carried out on website, social media, and e-commerce platforms to trace and prevent the circulation of illegal cosmetics and BPOM found and blocked (takedown) 83,700 links to the sale of illegal cosmetic products and containing prohibited/dangerous ingredients with a total product amount of 6.5 million pieces and an economic value of Rp 296.9 billion. This proves that there are still many illegal cosmetic products that contain harmful ingredients and do not have a distribution permit.  This research is a normative legal research supported by a statutory approach (statute approcach) which uses secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials that collect laws and regulations related to the legal issues at hand, case studies, collecting books, journals, dictionaries and other related literature. The legal materials that have been successfully collected are analyzed, namely description, interpretation, evaluation and systematic. The results of this study show that (1) Based on the form of consumer protection from the criminal aspect, there are five forms of consumer protection, namely: Protection against Unsafe Products; Fraud and Fraud Violation of Clear and Correct Information; Violations of Consumer Rights; Abuse of Power or Dominant Position, as well as unfair business practices. Criminal sanctions aim to provide a deterrent effect to business actors who harm consumers. (2) Based on the perspective of criminal law, the actions of DM business actors who have circulated illegal cosmetics without a distribution permit in decision number 572/Pid.Sus/2022/PN Smr, violate the provisions of Article 197 of Law Number 36 of 2009 concerning Health, which has affirmed that every person who deliberately produces and/or distributes pharmaceutical preparations and/or medical devices without having a distribution permit as mentioned in Article 106 paragraph (1) is criminally punished imprisonment for a maximum of (fifteen) years and a maximum fine of Rp.1,500,000,000,- (one billion five hundred million rupiah).

Alfian Widiyanto; Saefudin Zuhri

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The rapid development of technology has significantly influenced various economic sectors, including finance. Digitalization has introduced opportunities to create more efficient, transparent, and inclusive financial services. Within Islamic finance, technological advancements address challenges such as limited access to Sharia-compliant financial services and complexities in applying Sharia principles practically. One notable innovation is Sharia-based financial technology (fintech), which combines Islamic values with modern technology to provide accessible, ethical, and sustainable financial solutions. This study explores the potential and challenges of Sharia fintech in Indonesia, a country with the largest Muslim population globally. Sharia fintech, including crowdfunding, peer-to-peer lending, and halal digital payment platforms, promotes financial inclusion while adhering to Islamic principles. However, its growth faces regulatory hurdles, consumer protection issues, and a lack of public literacy about Sharia-compliant financial products. The research highlights the role of the government and regulatory bodies such as the Financial Services Authority (OJK) in providing a supportive framework, including legal certainty, technological infrastructure, and public education initiatives. The findings emphasize that effective regulations and strategic government support are critical to fostering Sharia fintech as a pillar of the Islamic economy. With strengthened collaboration between stakeholders, Sharia fintech can contribute significantly to financial inclusion and sustainable economic development in Indonesia.

Miftahul Fauzi

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The financial technology (fintech) industry in Indonesia has grown rapidly in recent years, having a significant impact on financial inclusion in the country. Fintech provides easier and faster access to financial services, especially for segments of society previously marginalized by the traditional banking system. Fintech services such as digital payments, online loans, and technology-based investments have expanded financial reach to communities in remote areas, MSMEs, and individuals with limited access to conventional banking services. However, with the rapid growth of fintech, challenges arise related to regulation and consumer protection. Inadequate regulation can lead to security risks, legal uncertainty, and potential abuse in digital financial services. Therefore, the Indonesian government has implemented various policies to regulate and supervise the fintech industry, such as the establishment of the Financial Services Authority (OJK) and Bank Indonesia (BI) as the main supervisors. This study aims to analyze the impact of fintech developments on financial inclusion in Indonesia and evaluate the effectiveness of existing regulations in protecting consumers and encouraging the growth of the fintech sector. The results of this research show that although fintech has the potential to significantly increase financial inclusion, more comprehensive regulations and strict law enforcement are needed to ensure that the benefits of fintech can be felt evenly and safely by all levels of society.

Nailul Inayah; Nurul Ilmiah; Pandu Abdillah Samari; Putri Setiyo Lestari; Emma Yunika Puspasari

Kajian Ekonomi dan Akuntansi Terapan 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This research aims to analyze the effectiveness of consumer protection regulations in handling fraudulent investments, focusing on the case of Doni Salmanan, a social media influencer involved in illegal investment promotion. Fraudulent investments have become a serious threat to society in Indonesia, especially in the context of the development of digital technology that allows the rapid dissemination of information. This research uses a normative legal research method with a case study approach, examining applicable regulations such as Law Number 8 Year 1999 on Consumer Protection and regulations of the Financial Services Authority (OJK). The results of the analysis show that although there are existing regulations to protect consumers, the implementation and supervision of illegal investment activities are still weak. Weak supervision, low public financial literacy, and inadequate sanctions against fraudulent investment actors indicate the need to update and strengthen regulations. This study provides recommendations to improve the effectiveness of consumer protection regulations and build more adaptive mechanisms to prevent investment fraud in the digital era.

Muhammad Ali Hadidie Parinduri

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Settlement of banking disputes through BPSK in the protection of banking customers is a legal defect because it is the authority of the Alternative Dispute Resolution Institution for the Financial Services Sector, BPSK is more appropriate for consumer disputes within the scope of industry and trade. The formulation of the problem in this thesis is how is the legal regulation of consumer protection for banking institutions, how is the settlement of banking disputes through alternative institutions in customer protection, and how are the judges' legal considerations in the Supreme Court Decision of the Republic of Indonesia Number 253 K/Pdt.Sus-BPSK/2017. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that legal regulation of consumer protection for banking institutions is regulated in Law Number 21 of 2011 and Financial Services Authority Regulation (POJK) Number 1/POJK.07/2013 in conjunction with Number 1/POJK.07/2014. Settlement of banking disputes through alternative institutions in customer protection is settlement by Arbitration between bank customers and the banking sector is the authority of the Alternative Dispute Settlement Institution for the Financial Services Sector. The judge's legal considerations after carefully examining the memorandum of cassation dated December 7, 2016 and the counter memorandum of cassation dated December 28, 2016 are related to Judex Facti's considerations, in this case The Kisaran District Court is not wrong in applying the law because the a quo case is a breach of contract that originates from a credit agreement.

Glaidy Angelina Nayoan; Nur Mohamad Kasim; Zamroni Abdussamad

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Due to the quick advancement of digital technology, online purchasing and selling has become easier. Online transactions do, however, come with a number of drawbacks, including fraud, mismatches between products and their descriptions, and privacy violations. With reference to Law Number 8 of 1999 on Consumer Protection, the purpose of this study is to examine the legal safeguards that Indonesian consumers have when making purchases online. The study's results, which were obtained using a normative juridical research methodology with an emphasis on statutory regulatory analysis, indicate that while the Consumer Protection Law creates a basic legal framework, more oversight and regulations are necessary to ensure its greater efficacy when applied in the digital sphere.

Maria Grezhella Rihi; Agustinus Hedewata; Helsina Fransiska Pello

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Development of the era in field of trade and industry has led increasingly advanced and innovative products and services created and used by the community. In the era of free trade, export and import opportunities are wide open and have an impact on the entry of products legally or illegally. This study aims to determine the reasons why consumers/victims of the use of cosmetics containing hazardous materials are reluctant to report to BPOM and to determine the form of legal protection for consumers who are harmed due to using cosmetics containing hazardous materials reviewed from Law No. 08 of 1999 concerning Consumer Protection. Aspects that influence consumers not to report cosmetic brands using hazardous materials to BPOM are, consumer reluctance to use cosmetics with hazardous materials comes from combination of individual health problems, increased knowledge and awareness, ethical considerations, trust in regulations, and the influence of social and environmental factors. The circulation of cosmetic products containing hazardous materials will harm consumers, in this case business actors have certainly violated the Consumer Protection Law. These forms of legal protection create a just and orderly society by balancing individual freedom with the need for regulation and protection against various potential losses.

Carla Nggeolima; Siti Ramlah Usman; Yossie M.Y. Jacob

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the legal protection for consumers against the circulation of children's syrup drugs that cause acute kidney failure in BPOM Kupang City. This study is an empirical legal research that is analyzed in a qualitative descriptive manner using primary data and secondary data obtained from interviews and literature studies. The results of this study show (1) legal protection for consumers over the circulation of children's syrup drugs, which causes acute kidney failure which is known that consumer protection in Indonesia currently according to researchers is still not running well. (2) the responsibility of the Food and Drug Supervisory Agency in providing protection for children's syrup drugs that cause acute kidney failure which is known to indicate that BPOM's task of supervising drugs is not effective because there are still many cases of dangerous circulation of children's syrup drugs.

Rosianna Evanesa Sihombing; Made Gede Subha Karma Resen

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze consumer protection in e-commerce in Indonesia, focusing on the obstacles in implementing consumer protection regulations in e-commerce in Indonesia. It also aims to analyze and evaluate the challenges related to compliance and oversight in the application of consumer protection regulations. In the digital era, e-commerce transactions have rapidly evolved, but this has also led to various consumer protection issues, such as fraud and a lack of transparency. For that reason, appropriate regulations are needed to protect consumers. This research employs a normative-descriptive research method, utilizing both the statute approach and the conceptual approach. The author uses the statute approach to analyze the applicable laws related to e-commerce and consumer protection, while the conceptual approach is used to explore the ideal concept of consumer protection in the context of digital transactions. The research results indicate that although regulations related to e-commerce are in place, the main challenge lies in the less-than-optimal implementation and oversight. Obstacles such as a lack of human resources and monitoring technology, as well as the complexity of cross-border jurisdictions, are factors that complicate effective consumer protection. Therefore, there is a need for efforts to improve legal infrastructure and stricter oversight to ensure that consumer rights are protected within the e-commerce ecosystem in Indonesia.

Suwandono, Agus

Jurnal Pelayanan Hubungan Masyarakat 2024 International Forum of Researchers and Lecturers

The purpose of this legal counseling is to increase public understanding  of the aspects of pawn law and pawn business in realizing legal protection for consumers. The method used in community service uses a directed discussion method, starting with the provision of material followed by discussion and question and answer directly through the Legal Core Program.  This legal counseling is carried out with the target audience of the people of Bandung City and its surroundings. The results of this community service show that understanding of the legal aspects of pawning and pawning business increases public awareness and knowledge about the legal aspects of pawning and pawning business in accordance with the provisions of laws and regulations. Legal protection for society and consumers both preventively and repressively

I Gusti Made Darwin Damareksa Putra; Dewa Gede Pradnya Yustiawan

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is intended to examine and gain a deep understanding of the different types of legal protections applicable to online game account transactions affected by fraud and scams, both prior to and following the establishment of agreements, by referring to the current laws and regulations in Indonesia. The scope of this legal protection includes preventive measures as well as the reinstatement of consumer rights in transactions impacted by fraud or scams, within the framework of national law. The study aims to clarify the various forms of legal protection available to consumers and the legitimacy of online game account transactions according to Indonesian law. Furthermore, the research explores the processes involved in online game account transactions and the definitions and features of scams and fraud from both civil and criminal legal perspectives. It also integrates various pertinent laws, including the Consumer Protection Law, the Information and Electronic Transactions Law, the Civil Code (KUHPerdata), and the Criminal Code (KUHP), along with recent updates to the newly established Criminal Code.

Aris Surya Muzakki; Suraji Suraji

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

The use of e-commerce in the world of trade has had a huge impact on Indonesian society, this is related to very important legal issues. The importance of legal issues in the field of E-commerce, especially in providing legal protection for consumers who carry out buying and selling transactions via the Internet. This development emerged due to offers and acceptance from the public, as evidenced by the emergence of various online stores such as Kaskus, Tokopedia, Bukalapak, Shopee and Lazada. This research aims to find out and analyze legal protection for consumers in online buying and selling transactions (e-commerce) and to find out and analyze legal remedies that can be taken by consumers if there is a default in online buying and selling transactions (e-commerce). The approach method used in this research is a normative juridical approach. The specification of this research is descriptive analysis. The data source used is secondary data, which consists of primary, secondary and tertiary law. The data collection tool is library research. The data analysis technique used is qualitative analysis. The results of this research and discussion are legal protection for e-commerce users by upholding consumer rights in accordance with Law Number 8 of 1999 concerning Consumer Protection articles 19, 20, 21, 24, and 26 and regulations related to the implementation of online buying and selling (e-commerce) and the implementation of consumer protection is also supported by involving several parties such as the government, national consumer protection bodies and non-governmental consumer protection institutions. Legal efforts that can be taken to resolve defaults in Law Number 8 of 1999 concerning Consumer Protection are litigation and non-litigation.

Luci Irawati; Muhammad Zilal Hamzah; Eleonora Sofilda

International Journal of Economics, Management and Accounting 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study provides a comparative analysis of the regulatory frameworks governing Buy Now Pay Later (BNPL) services across ten ASEAN countries: Indonesia, Malaysia, Singapore, Thailand, the Philippines, Laos, Brunei Darussalam, Vietnam, Myanmar, and Cambodia. As BNPL services rapidly expand throughout the region, understanding the diverse regulatory landscapes and their implications becomes increasingly critical for fostering financial stability, consumer protection, and innovation in the digital financial ecosystem.  Utilizing a literature review methodology, the research examines existing regulations, legal frameworks, and market trends, assessing their impact on financial stability, consumer protection, and fintech innovation.  Singapore is identified as the leader in regulatory practices, effectively balancing fintech innovation with stringent consumer protection. Indonesia and Malaysia emphasize financial inclusion and systemic risk management, with Indonesia's framework focusing on transparency and financial literacy. Thailand and the Philippines are refining their frameworks, while Myanmar, Laos, Brunei, Vietnam and Cambodia are still developing their regulatory approaches. BNPL services, driven by growing e-commerce and fintech ecosystems, offer significant opportunities for financial inclusion but also pose challenges related to over-indebtedness, credit risk, and data protection. The analysis emphasizes that while BNPL presents significant opportunities for financial inclusion and fintech innovation, effective regulation is critical to ensuring sustainable growth and protecting consumers from debt traps and financial instability.

Stefanus Edwin Ferdianto L; Dewa Gede Pradnya Yustiawan

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to find out efforts to provide legal protection to consumers who experience losses due to business actors, namely elements that are irresponsible, act recklessly and arbitrarily so that it causes harm to consumers, clearly violates and is not in accordance with applicable laws and regulations. apply and regulations. Law Number 8 of 1999 concerning Consumer Protection (UUPK) which regulates how consumer rights must be fulfilled and the obligations of corporate actors must be carried out in accordance with what has been regulated in it, applies in Indonesia and regulates customers. The perfect example of an online retailer or marketplace that operates honestly, straightforwardly and correctly is PT Grab Toko Indonesia (Grabtoko). As a business actor who has the responsibility to enforce his agreement with customers, Grabtoko does not carry out this commitment properly. It has been determined that Grabtoko is deceiving people who fall for the fake news ads it offers in its advertisements. The fraudulent activities carried out by Grabtoko have fulfilled the fraud requirements stipulated in the UUPK, including default, use of internet-based electronic media in transactions, loss of one party, and incompatibility of trading goods with representatives of the parties. 

Farabi As-Sabili

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of technology and industry has significantly impacted the trade sector. However, this progress also brings challenges, such as the phenomenon of adulterated goods sales by business actors. This phenomenon has detrimental effects on consumers and business actors who operate in good faith. This research aims to identify the forms of legal protection offered by Law No. 8 of 1999 concerning Consumer Protection for business actors and consumers in the context of adulterated goods sales. The research method used is normative legal research by examining literature or secondary data to find legal rules, principles, and doctrines. The findings indicate that legal protection can be achieved through dispute resolution both in court and out of court. Business actors and consumers can file criminal charges against business actors selling adulterated goods. In addition to criminal charges, consumers can also sue business actors selling adulterated goods through institutions responsible for resolving disputes between consumers and business actors.

Aris Surya Muzakki; Suraji Suraji

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia has a large population of internet users, with more than 175 million active internet users in 2021 to 2024. This provides a strong foundation for the development of social media in the country. The increasing use of smartphones in Indonesia also has an impact on the development of social media and online buying and selling (e-commerce). The Indonesian government has issued laws and regulations regarding the use of social media with a focus on online buying and selling and handling infringing content. This research uses normative juridical methods. One of the challenges in buying and selling transactions via social media is security and trust. Because these transactions are often conducted between individuals who do not know each other, it is important to be careful and verify the seller or buyer before making a transaction. Consumer law in Indonesia is regulated by Law Number 8 of 1999 concerning Consumer Protection (Consumer Law). This Consumer Law provides a legal basis and legal protection for consumers in carrying out buying and selling transactions, both conventionally and via social media.  

Firman Firman; Darwis Anatami; Bachtiar Simatupang; Erniyanti Erniyanti; Soerya Respationo

International Journal of Education and Literature 2024 Lembaga Pengembangan Kinerja Dosen

The background of this research is the high risk of accidents in the marine transportation sector that threatens passenger safety, as well as the need for an in-depth analysis of the effectiveness of existing regulations in protecting consumers. This study aims to find out and analyze the legal regulations for consumer protection for passenger safety in sea transportation, evaluate the implementation of relevant laws and regulations, and analyze consumer protection barriers to passenger safety in sea transportation. The research methods used are normative juridical and empirical sociology. Normative juridical research is carried out by analyzing applicable laws and regulations, including Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002. An empirical sociological approach is carried out through interviews and direct observation at the Riau Islands Sekupang Domestic Port to understand the implementation of regulations and safety perceptions among passengers and shipping business actors. The results of the study show that the legal regulation of consumer protection is regulated in Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, as well as various technical regulations such as Regulation of the Minister of Transportation Number 45 of 2012 and Government Regulation Number 51 of 2002, even though safety regulations have been stipulated that consumer protection is still not running optimally. The main obstacles include limited resources, non-compliance of business actors, and inadequate infrastructure. Ineffective supervision and law enforcement are also the main inhibiting factors. To overcome these obstacles, it is recommended to increase resources and facilities, stricter law enforcement, and increase safety awareness and education among passengers and crew. The government also needs to increase investment in port infrastructure and strengthen coordination between relevant agencies.