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Kristina Murniati Beda

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The Financial Services Authority (Otoritas Jasa Keuangan/OJK) plays a strategic role in ensuring the protection of consumer rights in the banking sector. Along with the increasing complexity of financial services, the potential for consumer rights violations has also risen, including misuse of personal data, administrative errors, and unfair dispute resolution. This study aims to analyze how OJK’s supervisory functions in safeguarding consumer rights in the banking sector can be effectively implemented. A socio-juridical method was used, employing legislative approaches, conceptual analysis, and case studies. Theories applied include legal liability theory, consumer protection theory, and banking supervision theory. Data were obtained from legal documents, OJK annual reports, and interviews with relevant parties. The findings indicate that although OJK has adequate supervisory instruments, such as administrative sanctions and consumer complaint systems, implementation still faces challenges, including limited human resources, lack of consumer education, and resistance from some banking institutions to strict supervision. This study implies that strengthening OJK’s institutional capacity and enhancing collaboration with banking institutions are necessary to ensure effective consumer rights protection.

Oktaviana Ayu Sekar A; Prastyanti, Rina Arum

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid expansion of fintech lending services, particularly cross-border peer-to-peer (P2P) lending, has created significant legal challenges concerning consumer protection. This study examines whether existing legal frameworks adequately safeguard consumer rights within the borderless digital lending environment. Utilizing a normative-juridical method combined with a comparative approach, the research analyzes Indonesia’s regulatory structure alongside selected international frameworks. The findings reveal substantial gaps in consumer protection, exacerbated by the proliferation of illegal online lending platforms, regulatory fragmentation across jurisdictions, and the misuse of personal data. National regulations often prove insufficient to address complex cross-border legal issues. This study underscores the urgency of global regulatory harmonization, enhanced national oversight mechanisms, and improved digital literacy among consumers. It concludes with recommendations for regulatory reform, the establishment of international supervisory cooperation, and the strengthening of institutional roles, particularly by financial and communication authorities, to ensure robust consumer protection in the evolving fintech lending ecosystem.

Nilam Candri Andini; Nooraini Dyah Rahmawati

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the juridical aspects of online loans (pinjol) as an alternative method for Indonesian students to pay tuition fees (SPP and UKT), with a focus on the partnership between universities and fintech institutions like Danacita. Using normative legal methods and literature analysis, the study finds that while online lending platforms are legally regulated under POJK No. 77/POJK.01/2016, there are still gaps in legal protection for students as consumers. The lack of targeted consumer protection, transparency, and financial literacy raises serious risks of over-indebtedness and academic dropout. This paper calls for more stringent government oversight, improved regulatory enforcement by OJK, and the development of accessible, fair educational financing alternatives.

Mutiara Hikmah; Nooraini Dyah Rahmawati

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The increasing trend in skincare usage, particularly whitening products, has led many business actors to market their products extensively without regard for legal compliance. One notable issue is the circulation of blue-label skincare products, which should only be provided with a doctor's prescription. The research employs a normative juridical method with a qualitative approach, utilizing interviews and literature study. The findings reveal that legal protection for consumers in the use of blue-label skincare products remains suboptimal. These products often contain active ingredients such as corticosteroids or antibiotics, which should only be used under a doctor's prescription and supervision. However, in practice, many business actors continue to sell them freely via online marketplaces and social media platforms. This not only violates BPOM regulations and health laws but also poses a direct threat to consumer safety. Furthermore, business accountability is still lacking, as evidenced by the insufficient transparency regarding product content, usage instructions, and distribution permits.

Kaffi, Muhammad Kaffi Al Mubaarok; Sahril Fadli

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The complexity of the financial services sector necessitates effective dispute resolution mechanisms. This study analyzes the implementation of financial services dispute mediation by OJK DIY under OJK Regulation No. 1/LAPS-SJK/I/2021 and explores procedural constraints. An empirical juridical method with qualitative approach was employed through in-depth interviews with OJK DIY officials and consumers utilizing mediation services, supplemented by secondary data from official documents and related regulations analyzed descriptively. Findings reveal a low mediation success rate of 18.67% from 2,501 complaints in 2023 with an average resolution duration of 10 working days. Primary obstacles include digital gaps in service access, insufficient legal and financial literacy among the public, bargaining power disparities between consumers and financial institutions, and limited program socialization. The research recommends transforming OJK DIY's mediation system through enhanced digital access, strengthened consumer education, equalized bargaining positions, and intensified socialization. This study contributes to developing more efficient and equitable dispute resolution policies and provides strategic recommendations for improving consumer protection in Indonesia's financial services sector.

Nadira Rachmadina; Himas Alhani; Tarisya Utami Putri; Andhika Prasetya Tamtama Putra; Daniel Handoko

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of technology and social media has given rise to new trends in marketing strategies, one of which is the use of Influencers as promotional media. Influencers are often utilized as intermediaries between brands and consumers due to their perceived ability to shape public opinion and influence purchasing decisions. However, various ethical issues have emerged in advertising practices involving Influencers, particularly concerning transparency, honesty, and social responsibility. Many Influencers promote products without disclosing that the content is paid advertising. Such practices can mislead consumers and damage the reputations of both the Influencer and the associated brand. Another critical issue is the promotion of products that do not align with the Influencer’s personal values, as well as the lack of protection for vulnerable groups, such as children. Therefore, the implementation of strict and comprehensive advertising ethics is essential. This study highlights the importance of digital ethics education for Influencers, the enforcement of clear regulations, and the active role of social media platforms in labeling sponsored content, in order to establish a healthy and responsible digital advertising ecosystem.

Gunawan Widjaja; Songga Aurora Abadi; Yuri Anggi

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The advancement of digital technology has introduced a novel trend in marketing via social media platforms, specifically through influencers promoting products or services. Nonetheless, numerous endorsements by influencers contain misleading, inaccurate, or harmful claims to consumers. This research aims to analyze the civil liability of influencers for product claims that cause consumer harm in digital media endorsements, referencing Law No. 8 of 1999 on Consumer Protection. Utilizing a normative juridical method based on literature review of laws, legal doctrines, and pertinent cases, the findings reveal that influencers can be held civilly liable under the tort principle (onrechtmatige daad) as stipulated in Article 1365 of the Civil Code, if proven to provide false or unsupported claims resulting in consumer harm (Setiawan, 2019). Therefore, there is a pressing need to enhance regulations governing the role of influencers in consumer protection frameworks alongside effective liability mechanisms as a form of accountability in the evolving digital marketing landscape.

Sebastian Alboen Sihombing; Reva Setianingsih; God Godsent; Urai Vidia

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for consumers is an important issue in maintaining public trust in products circulating in the market, especially in subsidized cooking oil products. Decreasing quality or cutting product content can affect consumer perception, which has an impact on decreasing trust in the product brand. This study aims to analyze the impact of legal protection on the consequences of cutting subsidized cooking oil and how this incident affects public trust. The research method used is a qualitative approach with a case study analysis of the event of cutting the contents of cooking oil products by PT AEGA. The results of the study indicate that non-compliance with product quality standards can cause consumer distrust and worsen the brand image that has been identified with the government subsidy program. Therefore, it is important for the government and business actors to increase transparency, supervision, and law enforcement so that the public does not feel disadvantaged and continues to trust the products they consume. This study also recommends strengthening regulations and legal counseling to the public to increase their awareness and participation in consumer protection.

Dhea Salsa Fadhila; Rahma Rini Khalisa Firdausi; Chammelia Annastasya Melati; Arifa Sholekhah; Sofia Nurul Toyiba +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The policy default case by PT Asuransi Jiwasraya caused widespread unrest among the public and became an important precedent in assessing the effectiveness of legal protection for consumers in the financial services sector, especially life insurance. This research aims to analyze the form of legal protection provided to consumers, identify the regulations governing it, and evaluate the role of the Financial Services Authority (OJK) in supervising and handling the default case. The method used is a normative juridical approach by analyzing laws and regulations, legal doctrines, and court decisions, and supported by literature reviews from various scientific journals. The results show that although the regulatory framework governing consumer protection in the insurance sector is quite complete, such as Law Number 40 of 2014 concerning Insurance and Law Number 8 of 1999 concerning Consumer Protection, its implementation is still weak. OJK's role as a supervisor has proven to be not optimal, both in early detection of Jiwasraya's financial crisis and in taking action against violations of the prudential principle by company management. The conclusion of this study states that legal protection of consumers in the Jiwasraya case has not been functionally effective, and needs to be strengthened through supervisory reform and regulatory improvement. This research is expected to contribute to the formulation of policies and the improvement of the consumer protection system in the future.  

Dzaky Luqyana Fauzi; Suraji Suraji

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the legal responsibility of business actors in the circulation of illegal cosmetics and legal protection for consumers based on applicable laws and regulations. The method used is normative legal research with a statutory approach, the nature of the research used is prescriptive and uses legal material collection techniques with literature studies. The results showed that 1) business actors who distribute illegal cosmetic products are legally responsible both civil, criminal and administrative. 2) Legal protection for consumers still faces serious challenges due to weak supervision and low legal awareness. Therefore, it is necessary to strengthen law enforcement and increase consumer education to prevent losses due to the use of illegal cosmetic products.

Hasan, Kusman; Moonti, Roy Marthen

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Bank credit agreements are often drafted in the form of standardized clauses that are detrimental to customers because they are made unilaterally by banks without room for negotiation. This position imbalance is exacerbated by low legal literacy and information asymmetry between the two parties. This research aims to analyze the ideal form of legal protection for customers in the face of harmful standard clauses. Through a normative juridical approach and case studies, it is found that regulations such as the Consumer Protection Law and POJK have provided a legal basis, but their implementation is still weak. Ideal legal protection includes three aspects: preventive, repressive, and curative, and requires the active role of the state and OJK as supervisors. Regulatory updates, strengthened legal education, and fairer contract supervision are needed to create an equitable and inclusive financial ecosystem. Effective protection will also strengthen public confidence in the banking sector.

Fitri Natasha Dachi; Urbanisasi Urbanisasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Crypto asset transactions in Indonesia have rapidly developed alongside financial technology advancements, yet they pose legal challenges concerning investor protection. Under Indonesian civil law, civil liability for investor losses may be based on Article 1243 and Article 1365 of the Civil Code, depending on whether the loss arises from a breach of contract or an unlawful act. Additionally, the Consumer Protection Act may serve as a legal basis in cases involving violations of consumer rights. However, the application of such liability encounters juridical obstacles, including the absence of specific regulations defining the legal status of crypto assets as legal objects, regulatory gaps regarding business actors’ obligations, and evidentiary difficulties due to the anonymous nature of digital transactions. In this context, regulatory reform is essential to establish legal certainty and effective investor protection. The regulation should include digital security standards, transparent risk disclosures, and dispute resolution mechanisms. Active roles of Bappebti and the Financial Services Authority (OJK) in oversight, as well as legal literacy for the public, are critical to creating a responsible and secure crypto asset trading ecosystem.

Indra Hendrawan; Dimas Yanuarsyah; Atik Winanti

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One of the special aspects of Intellectual Property (IP) is Economic Rights, namely the right to obtain economic benefits from intellectual property. The creation of economic value shows that IP is one of the objects of trade that plays an important role in the development of a nation. As part of Intellectual Property, Geographical Indications are a trading tool that can provide benefits for producers, consumers, and the community in identifying products and providing quality assurance, avoiding fraudulent practices, helping the development of local producers, and supporting the preservation of nature and traditional knowledge. To carry out optimal IPR protection, a comparison needs to be made with practices that have been running so far, in this case a comparison will be made with practices in Malaysia. This research method uses a descriptive qualitative approach by collecting data from various sources. This research will use a conceptual/theoretical approach and a comparative approach. This research will determine the country's strategy to protect intellectual property in Indonesia and Malaysia and determine an effective model in protecting Geographical Indications. Thus, this research produces a deep understanding of the protection of Geographical Indications, highlighting the successes and challenges in increasing success related to intellectual property.

Ahmad Tahsin Thohari; Dimas Yanuarsyah

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The International Mobile Equipment Identity (IMEI) registration policy in Indonesia was officially implemented in 2020 through the Regulation of the Minister of Communication and Information Technology No. 1 of 2020. This policy aims to suppress the circulation of illegal telecommunications devices, increase consumer protection, and support domestic industry. This article analyzes the background, legal framework, and implementation of the IMEI registration policy, with a focus on its effectiveness, legal challenges, and implications for consumer and business rights. The study uses a normative-empirical approach. The results show that this policy provides regulatory and technological benefits, although challenges in cross-agency coordination and personal data protection are still significant.

Tasya Darosyifa; Ligina Tesalonika; Ariel Lois; Angel Evelyn; Aditama Candra Kusuma +2 more

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

International trademark infringement poses a complex challenge for brand owners due to jurisdictional variations and differing legal systems across countries. This study examines available legal remedies, ranging from non-litigation dispute resolution mechanisms such as Alternative Dispute Resolution (ADR) - encompassing negotiation, mediation, and arbitration - to formal litigation in national courts. ADR offers advantages in time efficiency, cost-effectiveness, and confidentiality, while litigation provides legal certainty through binding court decisions such as injunctions and damages awards. Preventive strategies including international trademark registration through the Madrid System and cooperation with customs authorities serve as crucial proactive protection measures. Furthermore, this research analyzes judicial considerations in cross-industry trademark disputes, including assessment of trademark similarity (visual, phonetic, conceptual), reputation of well-known marks, bad faith of infringers, and potential consumer confusion. Case studies such as Louis Vuitton vs. Louis Vuitton Dak and Zara Food vs. Zara Fashion demonstrate judicial application of the likelihood of confusion principle and anti-dilution doctrine even across different industries. The research employs normative legal methodology with statutory and secondary document analysis approaches. Findings confirm that legal strategy selection must consider infringement scale, jurisdiction, and business objectives, while international trademark protection requires integration of proactive registration, legal enforcement, and comprehensive understanding of global market dynamics.

Naisyila Desnita Cahayani Saputra; Putri Agustin Sulistyowati; Fatimah Nur Azizah; Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia's digital economy is rapidly growing with the emergence of e-commerce, fintech, and blockchain technology that facilitate cross-border transactions. However, challenges such as technological access inequality, personal data exploitation, and multinational company dominance remain major concerns. Therefore, implementing Pancasila values in digital economy governance is crucial to ensuring social justice, consumer protection, and national competitiveness. Pancasila principles, such as moral-based business ethics, consumer rights protection, digital sovereignty, and participatory regulation, must be integrated into digital economic policies. Additionally, electronic commerce regulations based on international law should align with national interests to balance digital economic growth and constitutional rights protection. Thus, Pancasila-based digital economic policies can promote inclusivity, strengthen SMEs' competitiveness, and ensure the broader welfare of society.

Ismaidar Ismaidar; Rifqi Fairuz Ula

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The leakage of consumers' personal data by irresponsible corporations has become a serious issue in the digital era, particularly in the context of data protection in Indonesia. This paper analyzes corporate criminal liability for such data breaches from the perspective of Indonesian cybercriminal law. The study adopts a normative legal approach through literature review of relevant legislation, legal doctrines, and court decisions. The findings indicate that corporations may be held criminally liable if proven negligent or if they fail to fulfill their data protection obligations under the Electronic Information and Transactions Law (ITE Law). Although a legal framework already exists, proving the elements of fault and direct involvement of corporate executives remains a significant challenge. Therefore, there is an urgent need for strengthened technical regulations and stricter law enforcement to ensure the protection of consumer rights in the digital sphere.

Ketut Yuli Widiasari

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

In ever-evolving era of e-commerce, the Cash on Delivery (COD) Check First feature implemented by Shopee provides a practical solution for consumers who want to ensure security while shopping online. This feature allows buyers to inspect the condition of the product directly before deciding to make a payment. With this feature, consumers can verify that the item received matches the description listed on the platform, thus reducing the risk of fraud or product discrepancies. The transaction security offered through this system is one of the key aspects in increasing consumer trust in e-commerce platforms. This research aims to examine how the COD Check First feature provides additional protection for consumers in e-commerce transactions, particularly concerning the potential risks of fraud or product discrepancies that are common in online trade. This feature gives buyers more control to ensure that the received goods meet their expectations and the product description. Therefore, COD Check First not only facilitates the transaction process but also strengthens consumer protection, making it a relevant mechanism to minimize buyer dissatisfaction in e-commerce, especially in Indonesia.

Silvana Nur Rahmat Lukum; Weny Almoravid Dungga; Suwitno Yutye Imran

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection for insurance customers in the settlement of policy claims at PT Asuransi Bumi Putera, with reference to Law No. 8 of 1999 concerning Consumer Protection. The main problem faced by customers is the delay in payment of claims, which is contrary to the main purpose of insurance to compensate for losses experienced by customers. Based on available data, many claims have not been paid, indicating the non-compliance of insurance companies with their obligations. This research examines the forms of legal protection regulated in the Consumer Protection Law, particularly regarding the customer's right to obtain clear information, compensation, and dispute resolution. In addition, this study also highlights the preventive and repressive aspects of legal protection, where preventive protection aims to prevent disputes from occurring, while repressive protection provides legal avenues for aggrieved customers to obtain compensation. While the law has provided a clear basis of protection, consistent implementation and enforcement are still needed to ensure customer rights are fulfilled. This research is expected to contribute to improving legal protection for insurance customers in Indonesia, as well as encouraging insurance companies to fulfill their obligations in a timely manner in accordance with applicable regulations.

Silvani Nur Rahmat Lukum; Nur Mohamad Kasim; Weny Almoravid Dungga

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Online lending has become an increasingly popular financial solution in Indonesia, providing easy access to funds for people who are not fully served by traditional financial institutions. Despite offering many conveniences, the rapid growth of online lending brings various risks, such as the rise of illegal online loans, high interest rates, and the potential misuse of users' personal data. This research aims to analyze consumer protection in online loan transactions, by reviewing existing regulations, such as Law No. 8/1999 on Consumer Protection, OJK Regulation No. 77/Pojk.01/2016, and the Electronic Information and Transaction Law (ITE Law). This research uses a normative legal research method with a statutory approach that prioritizes legal materials in the form of laws and regulations as the main reference. Data collection techniques are carried out through library research, analyzing relevant regulations and related literature. The results show that although these regulations already exist, the implementation of supervision and law enforcement is still weak, resulting in many violations harming consumers. Stricter supervision from OJK, strict sanctions against illegal fintech providers, and increased education to the public about their rights as consumers are needed. With more effective supervision and clearer regulations, it is hoped that the online lending industry can develop healthily and provide benefits without harming consumers.