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Gessica Aulya Rahmy Dias; Purwono Sungkowo Raharjo; Sapto Hermawan

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

This research aims to find out how the relevant regulations and governments in Indonesia and Malaysia work to protect consumers of open banking applications. The type of research used is normative legal research, prescriptive and applied in nature using deductive syllogism reasoning method analysis. The approach used is a statutory approach (statue approach) and comparative approach with primary legal materials including various types of laws and regulations regarding consumer protection in Indonesia and Malaysia, as well as secondary legal materials including books, journal articles, and official documents. The results show that there are differences in consumer protection in Indonesia and Malaysia which are analyzed through 4 (four) indicators, namely consumer protection regulations, consumer protection law enforcement agencies, consumer dispute resolution mechanisms, and open banking supervisory institutions.

Putri Melati Nur Hidayah; Anjar Sri Ciptorukmi Nugraheni

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

This study compares the legal protection of pre-project selling property contracts in Indonesia and Singapore, focusing on the regulation of the position of PPJB, consumer protection, and the mechanism of transfer of ownership and payment. The approach used is normative with legislative and comparative methods, relying on primary and secondary legal materials through literature studies. Descriptive and comparative analysis reveal significant differences in the legal arrangements of the two countries. In Indonesia, Law No. 8 of 1999 and Law No. 1 of 2011 regulate pre-project selling through PPJB, but supervision is weak so that it often harms consumers, such as in the case of Meikarta. In contrast, Singapore has more detailed regulations, such as the Housing Developers (Control and Licensing) Act, which requires escrow accounts for consumer funds and strict payment schemes. Supervision and law enforcement in Singapore are more effective with strict sanctions against violations, reinforced by jurisprudence such as the Jurisprudence of Tan Eck Hong v Maxz Universal Development Group Pte Limited (2012) SGHC 240. This study concludes that legal protection in Singapore is more advanced than Indonesia, providing important recommendations for property law reform in Indonesia to prevent disputes and abuse in property transactions.

Anastasya Agustine; Nadya Septiani; Chindy Nurul f; Ayu Salsabila

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Technological advances have had a major impact on the development of tradelaw. This applies in Indonesia. Information and communication technology, especially the Internet, has changed the way trade is conducted from traditional to digital or e-commerce methods. Thiscreatestheneedfor legal regulationsthattakeintoaccountnewtrendssuch as personal data protection, electronic transaction security, the validity of digital documents, and consumer protection in the digital space. The enactment of the Electronic Transaction Information Law (UU ITE) and laws and regulations in the field of electronic commerce, such as Government Regulation Number 80 of 2019 (PMSE), is clear evidence that trade law is adapting to technology. Furthermore, technological development also encourage the emergence of blockchain-based smart contracts, which require legal recognition and adaptation of their validity. However, the impact of this technology also creates challenges such as the digital divide, lack of legal literacy among SMEs, and challenges of cross-border law enforcement in international transactions. Therefore, building an inclusive, technologically sensitive, and adaptive commercial legal system requires synergy between regulators, economicactors, and the community.

Tegar Sangga Buana; Teguh Budiaji; Trisna Mahendra; Zahra Citra Ayu; Zaqia Azzarine

International Journal of Management Science and Business 2025 International Forum of Researchers and Lecturers

The rapid advancements in technology and marketing strategies within the maritime industry present both opportunities and ethical challenges. While innovation enhances operational efficiency and consumer engagement, the absence of structured ethical frameworks can lead to privacy violations, regulatory breaches, and deceptive marketing practices. This study examines the role of ethical considerations in technology and marketing management within maritime leadership, emphasizing the need for structured ethical decision-making frameworks to ensure consumer protection, regulatory compliance, and corporate sustainability. This research provides original value by assessing the extent to which ethical principles are integrated into maritime business strategies, addressing gaps in previous research that primarily focuses on profitability over ethical governance. The study explores the following research questions: How do ethical considerations shape decision-making in maritime technology and marketing management? What challenges hinder the implementation of structured ethical frameworks? Using qualitative research methods, semi-structured interviews with industry experts, lecturers, and postgraduate students were conducted, followed by thematic analysis and comparative evaluation. Findings indicate that while ethical decision-making enhances corporate reputation and regulatory compliance, industry-wide implementation remains inconsistent due to weak regulatory enforcement and corporate reluctance. The study concludes that integrating ethical frameworks into maritime leadership training and business education is essential for fostering responsible corporate governance, enhancing consumer trust, and ensuring long-term sustainability.

Stevania Caroline Prata; Darius Mauritsius; Helsina F. Pello

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

The standard agreement for the delivery of goods whose contents or clauses are made by business actors to avoid losses on another day and consumers only have the choice to accept or reject, thus making the position of business actors stronger while consumers are weakened. The UUPK itself does not prohibit the existence of an exoneration clause as long as it does not violate article 18 of the UUPK. The type of research is field research or Empirical Juridical research is carried out by starting from primary data obtained from the research site, the data collection technique is through literature studies and analyzed in a qualitative way, which is a discussion that is carried out by combining literature research and field research. The results of the research obtained in the study show that consumers have been protected by Law No. 8 of 1999 concerning Consumer Protection, If a dispute occurs and a family settlement has been carried out but there is no result or no peace occurs, then consumers can take legal action as stipulated in articles 24 and 25 of the UUPK regarding how the responsibility of business actors, in the resolution of consumer disputes is protected by article 45 of the UUPK concerning dispute resolution. Dispute resolution can be done through the court and out of court, out-of-court dispute resolution can be done by filing a claim for compensation or through the consumer dispute resolution agency (BPSK). As a legal consequence that occurs if there is a clause in the standard agreement that is null and void, even though the standard agreement containing an exoneration clause has been agreed before, the agreement cannot be considered valid because it contradicts one of the contents of article 1320, which is a halal cause, due to the transfer of responsibility.  

Angelina Dewi Permatasari; Larasati Rahmadhani; Lutfia Setiya Marsyalola; Muhammad Naufal Ramadhan; Dwi Desi Yayi Tarina

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

The Meikarta project as the "Shenzhen of Indonesia", is an ambitious initiative by the Lippo Group to develop a large property project in Cikarang, Bekasi Regency, West Java. Although it offers various modern facilities, this project faces various obstacles, including construction delays and uncertainty about the fate of consumers who have made payments. This problem is further complicated by allegations of violations of the law related to building permits (IMB) and non-compliance with the Regional Spatial Plan (RTRW), as well as bribery cases involving local government officials. This study aims to examine the legal protection provided to consumers in relation to the validity of agreements made in the Meikarta project, with a focus on the legal implications of unlawful acts and legal uncertainty due to corruption cases. This study uses a qualitative method with a normative legal approach, which examines applicable legal provisions, and an empirical approach, which examines how the law is applied in practice, as well as data collection techniques through case studies and legal literature. The results of the study indicate that there is abuse in the validity of contracts that are detrimental to consumers, as well as the negative impact of legal uncertainty caused by corrupt practices. Legal protection for consumers, including lawsuits and government intervention, is essential to prevent further losses. It is hoped that this research will contribute to the formation of better legal policies and more effective consumer protection in Indonesia.

Moh. Ismail Mantolongi; Weny Almoravid Dungga; Mohamad Taufiq Zulfikar Sarson

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

This study aims to determine and analyze the form of fulfillment of consumer rights of IndiHome service provider users in the Laws and Regulations in Indonesia due to the FUP system and the responsibility of the IndiHome provider towards consumers due to the FUP system. This study is classified as normative research with a historical approach, comparative approach and conceptual approach. Legal materials are collected through document studies, then analyzed prescriptively. The results of the study indicate that consumer rights and the responsibilities of business actors, namely Indihome, have been regulated in Law No. 8 of 1999 concerning Consumer Protection. Although it has been regulated in the Laws and Regulations, this situation is no longer effective because when an error occurs, Indihome can be released from its responsibility. For this reason, it is necessary to revise Article 27 letter b of Law No. 8 of 1999 concerning Consumer Protection.

Irfan Ridha; Ahmad Kalingga; Aisyah Putri Indra; Alfajar Ahmad Abujibril; Alisha Zahra Saadiya +6 more

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

The Consumer Protection Law (UU 22/2020) has provided a legal basis for consumer protection in the banking industry.  The implementation of this law is important in the Islamic banking industry due to its consistency with sharia values which place justice and balance as the main principles.  The purpose of this study is to analyze the implementation of the Consumer Protection Act in the Islamic banking industry and evaluate the effectiveness of its implementation.  This research uses a qualitative approach with a literature study.  Data was collected through analysis of book literature and analysis of documents related to the implementation of the Consumer Protection Act.  The results of the study show how actual implementation of the Consumer Protection Law is in its operational procedures.  However, there are several challenges in implementation, such as the lack of awareness and understanding of customers about their rights, as well as a lack of adequate human resources and information technology to meet the requirements of the law.  This study recommends that Islamic banks increase consumer empowerment campaigns and invest in adequate human resources and information technology to increase the effectiveness of the implementation of the Consumer Protection Act.  This is expected to increase customer confidence in the sharia banking industry and support sustainable industry growth.   

Bahrul Ulum

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

This article examines the important role of law in promoting economic development and ensuring the well-being of people in Indonesia. It analyzes the legal framework that governs economic activities, focusing on principles and regulations that facilitate economic growth, protect rights, and promote social justice. This article explores the evolution of Indonesia's legal system in response to economic challenges and opportunities, highlighting key laws and policies that have shaped the nation's economic landscape. This includes an analysis of the constitutional foundations of Indonesia's economic system, with a special emphasis on Article 33 of the 1945 Constitution, which mandates a "people's economy" based on the principles of kinship, cooperative ownership, and state control over vital resources. Furthermore, this article discusses the challenges and prospects of using the law as a tool to achieve sustainable and inclusive economic development. It emphasizes the importance of legal certainty, regulatory efficiency, and the protection of public interests in fostering a conducive investment climate and promoting equitable economic growth. The article also discusses the role of law in addressing important issues such as environmental protection, labor rights, and consumer protection, highlighting the linkages between economic development and social welfare. By examining Indonesia's experience, this article contributes to a deeper understanding of the complex relationship between law and economic development in the context of developing countries.

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.