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Rikky Nelson Manurung; I Made Kantikha

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Property business is the activity of buying and selling a plot of land or house involving 2 (two) parties between the seller (business actor) and the buyer (consumer), in its implementation gives birth to legal relationships carried out through agreements. Quality in running a property business, business actors selling their plot of land to consumers are inseparable from the fact that the business actor gets the land previously from the landowner to then sell it to consumers. The method used in this study is Normative Juridical. The legal protection of agreements made by business actors and consumers in the property business is guided by articles 1320 and 1338 of the Civil Code. Breach of promise not to carry out the agreed is a form of default committed by one of the parties to the agreement as regulated by article 1234 of the Civil Code which can be resolved with a "win and win solution" through negotiations so that business actors and consumers are protected. Consumer protection in property business agreements starts from the beginning of the purchase, making the agreement, payment to the sale and purchase deed agreement. Consumers who have signed the agreement means that they have agreed to all the terms and conditions that have been set. All of these agreements, both oral, written, and deed are not authentic. Authentic deeds that are carried out legally, as long as consumers have fulfilled their achievements by making payments in full, not negligently, in accordance with their rights and obligations in Law no. 8 of 1999, consumers are obliged to get legal protection.

Dio Afriyanto Minta; Agustinus Hedewata; Sukardan Aloysius

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to (1) find out the role of business actors in making misleading promotions according to Law Number 8 of 1999 concerning Consumer Protection, and (2) to find out the legal protection for consumers in Kupang City against misleading information provided by business actors through product promotion based on Law Number 8 of 1999 concerning Consumer Protection. This study uses an empirical judiciary method using primary data and secondary data. The results of the study show that (1) The role of business actors in making misleading advertising promotions is depicted in practices such as false advertising, deceptive practices, and fraudulent advertising. Business actors have a role in creating advertisements that do not match reality, providing incorrect information, and manipulating consumers to make purchase decisions without correct information. The impact includes harming consumers, damaging market integrity, and potentially harming the overall business image. Mistakes in this kind of marketing practice not only violate consumer protection laws, but can also shake consumer trust and affect market fairness and integrity, and (2) In the face of misleading information from business actors through product promotion in Kupang City, legal protection for consumers is essential, especially with reference to Law Number 8 of 1999 concerning Consumer Protection. This law provides a legal basis to protect consumers from dishonest and harmful advertising practices. By emphasizing principles such as benefits, fairness, balance, security, consumer safety, and legal certainty, the Act creates a foundation for consumer protection.

Mayanti Abdullah; Weny A Dungga; Sri Nanang Meiske Kamba

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to find out about the phenomenon of legal protection for consumers using thrift fashion goods in the Andalas market, Gorontalo City and the factors that hinder consumer protection for users of thrift fashion goods in the Andalas market, Gorontalo City. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research indicate that Consumer Protection is regulated in Law no. 8 of 1999 which is a replacement for Law no. 3 of 1989 concerning Telecommunications. The consumer protection law itself regulates the rights and obligations of consumers, including producers, who act to meet consumer needs and ensure the realization of legal protection for the benefit of others. In essence, consumer protection is the consumer's own right, including the activities and movements of the sales industry which are currently being widely discussed and highlighted, especially the buying and selling of imported second-hand clothing, known as thrifting, namely the activity of shopping for used goods such as clothes and other types, whose prices are very high. cheaper, as well as factors that hinder the provision of this protection and make it not work as it should. In the city of Gorontalo itself, there are problems in providing consumer protection for the sale of imported second-hand clothing, namely; strong desire on the part of sellers and buyers, law enforcement is limited to socialization and appeals without confiscation and sanctions, and lack of public awareness.

Tonny Tonny; Ali Amran; Tartib Tartib; Erniyanti Erniyanti; Soerya Respationo

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

PT Mitra Gadai Kepri is one of the Private Pawnshops in Batam City which is licensed by OJK to provide financing products. However, the business of financing activities carried out often occurs Default, especially with Fiduciary Guarantees. Based on the description in this thesis, the problems to be studied are: 1)How is the Legal Arrangement Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. 2)How is the Implementation Related to the Settlement of Debtor Default with Fiduciary Guarantee at PT Mitra Gadai Kepri Partner in Batam City. 3)What Factors are the Obstacles / Constraints and Solutions Related to the Settlement of Default Debtors with Fiduciary Guarantees at PT Mitra Gadai Kepri in Batam City. The method in this research is Normative Legal research supported by empirical research. Therefore, the Legislation and Conceptual approach will be carried out. Used in data collection in this research with Interviews and Literature Studie. The results of the study concluded that consumers who default with fiduciary guarantees due to low understanding of financial literacy. As well as not knowing the existence of regulations governing the protection of consumers and the public in the Financial Services Sector in resolving defaults with fiduciary guarantees. Suggestions in this study are that the OJK and Financial Services Business Actors must increase Financial Literacy and Inclusion in the wider community and include the government in eradicating illegal financial services. Financial Services Business Actors must analyze the ability to pay prospective customers in order to minimize defaults, especially with fiduciary guarantees and must resolve defaults in accordance with applicable regulations. And an appeal to the public to be wiser and more selective in choosing financial service products and institutions that provide these services.    

Stepanus Ndara; Ida Bagus Anggapurana Pidada

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Legal protection for consumers in online buying and selling transactions requires confirmation of responsibility related to online buying and selling practices and problems of default caused by business actors. To what extent is the role of the marketplace and business actors responsible for the default losses experienced by consumers? The type of legal research used is empirical juridical legal research. The data sources used are primary data and secondary data. Data collection techniques include interviews, documentation, observation. The data analysis used is qualitative data analysis. The research results obtained by the author are that (1) Buying and selling practices using B2C (Business to Consumer) and C2C (consumer to consumer) transaction systems. (2) Responsibility for legal protection of consumers as a marketplace is related to defaults or unlawful acts caused by business actors, so the burden of responsibility is borne by the business actor by referring to the contract that the parties agreed to. The legal protection provided is limited to supervision, regulators, facilitators, finding solutions, and making decisions regarding defaults or unlawful acts that occur.    

Nicholas Tjenggana; M. Soerya Respationo

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

The Indonesian state is a state based on law (rechstaats) not a state based on force or arbitrariness. Therefore, everything related to state activities from an economic, political, social and cultural perspective will be regulated by law. This research uses an empirical juridical research method using qualitative techniques and the approach method used in this research is a statutory approach and a conceptual approach using literature studies and interviews. The promulgation of the Job Creation Law and Government Regulation Number 8 of 2021 concerning the Authorized Capital of Companies and Registration of Establishment, Changes and Dissolution of Companies which have requirements for UMK are currently known, namely that an Individual Company can be established by 1 person. Obstacles: Individual companies must comply with complex regulations related to data privacy, consumer protection and taxes in the digital era. Solution: Have a strong understanding of applicable regulations and ensure internal systems and processes comply with required compliance standards. Regularly update policies and procedures to ensure ongoing compliance.

Robby Nurtresna; Mabsuti Mabsuti; Sopiyati Sopiyati; Ogi Charis M. Arifin; Faiq Faiq +4 more

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

Economic law is a branch of law focused on regulating and overseeing economic activities, encompassing various fields such as corporate law, international trade, investment, competition, and consumer protection. In the era of globalization, the role of economic law becomes increasingly critical in creating economic stability and justice among nations. This study aims to analyze the role of economic law in regulating global economic activities, identify challenges and opportunities in its implementation, and provide policy recommendations to strengthen the application of economic law in various countries. Using a qualitative approach with document analysis methods, this research finds that power imbalances, transparency, corruption, and adaptation to technological changes are the main challenges in the implementation of economic law. However, opportunities to enhance the effectiveness of economic law exist through the strengthening of legal institutions, increased international cooperation, and the adoption of new technologies. The ASEAN case study shows that regional cooperation and free trade agreements can create a more open and competitive economic environment, despite ongoing challenges. This study concludes that economic law plays a crucial role in regulating and overseeing global economic activities and provides policy recommendations to improve its effectiveness.

Rona Pili Mangngi; Agustinus Hedewata; Darius Mauritsius

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The increase in cooking oil as a staple food is certainly detrimental to consumers, especially consumers from the lower middle class, after the problem of scarcity of cooking oil occurred in Indonesia and various policies to adjust the price of cooking oil carried out by the government, provide evidence that the urgency of the price of cooking oil has an impact on society. This research aims to find out and explain the causes of the increase in cooking oil prices carried out by shop entrepreneurs in West Sabu sub-district, Sabu Raijua Regency. The research method used is that this research is included in empirical legal research, namely a legal research method that attempts to see the law in a real sense or can be said to see, examine how law works in society, which then uses a research approach, a qualitative type of approach. The research results show that legal protection for consumers can be carried out by resolving disputes in court and outside of court. Every consumer who is harmed can sue business actors through institutions tasked with resolving disputes between consumers and business actors or through courts within the general court environment and the government also plays an important role in efforts to protect consumers legally. The form of consumer protection provided is by issuing laws and government regulations, where the implementation of statutory regulations is then carried out by supervising the implementation of these regulationsto be able to socialize it to the public and there is also a need for supervision carried out by the government on business actors.

Billy Sugihono

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

In the era of globalization, financial technology (fintech) has enabled society to access financial services quickly and efficiently. However, the emergence of illegal Fintech presents risks to consumers, such as financial losses and privacy breaches. Legal protection for victims of illegal fintech practices is important to ensure the safety and rights of consumers. This study aims to identify the legal consequences of illegal P2PL Fintech and evaluate legal protection for victims in the context of the case study Decision Number 3115 K/PDT/2021. The study uses a normative juridical method by analyzing relevant legal texts, such as laws, regulations, and court decisions. The results show that the legal consequences of illegal Fintech include law enforcement actions, compensation for victims, regulatory prevention efforts, and improved consumer protection. Victims of illegal Fintech practices receive legal protection from existing regulations and law enforcement. Court decisions, such as Decision Study Number 3115 K/PDT/2021, serve as important legal precedents in addressing these illegal practices. Thus, this research provides a better understanding of consumer protection in illegal fintech practices and emphasizes the importance of strict regulations and effective law enforcement in maintaining the integrity of the fintech industry and public trust.

Maryono

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This paper discusses efforts to maintain the trust and reputation of the Medical Tourism industry in Indonesia. The industry has grown rapidly in recent years, with many international patients coming to Indonesia for medical treatment. The success of this industry relies heavily on consumers' trust in the quality of medical services and the protection they receive throughout the treatment process. Medical ethics, licensing and consumer protection regulations play a key role in ensuring that international patients receive safe, quality and ethical care in Indonesia. Medical ethics regulations will regulate the behavior of medical professionals and direct the standards of care that must be adhered to. Licensing functions as a mechanism for monitoring and controlling the quality of medical facilities and existing medical practices. Meanwhile, consumer protection is important to ensure that patients' rights are maintained during the treatment process, including the right to accurate information, transparent procedures and fair dispute resolution. In the context of Medical Tourism, reputation plays a central role. A good reputation will attract more international patients and help build long-term relationships with satisfied patients. However, reputation is also susceptible to negative changes due to bad patient experiences or violations of medical ethics. Therefore, efforts to prevent, manage and recover from adverse situations are very important in maintaining the industry's reputation.In the Indonesian context, harmonization between medical ethics regulations, licensing and consumer protection needs to be improved to create an environment that supports the sustainable growth of the Medical Tourism industry. The involvement of all stakeholders, including governments, medical institutions and medical professional associations, is key to achieving this goal. By maintaining service quality, high medical ethics, and effective consumer protection, Medical Tourism Indonesia can continue to develop and maintain a good reputation in the eyes of the international community.    

Razy Datuk

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Medical tourism has become a significant global phenomenon in recent years, including in Indonesia. This article examines the opportunities and challenges associated with the medical tourism industry from a legal perspective in Indonesia. With the rapid growth of the healthcare sector in the country, more and more international tourists are seeking high-quality medical care while enjoying tourism attractions. However, amidst promising opportunities, complex legal challenges also arise. This journal outlines the legal framework that regulates medical tourism in Indonesia and analyzes its impact on various aspects, such as health regulations, patient rights, medical responsibilities, and consumer protection. In addition, this article discusses issues such as medical service standards, accreditation of health facilities, and the qualifications of foreign medical personnel entering Indonesia. In this context, legal aspects related to licensing, residence permits, and legal action against questionable medical practices become an important focus. Although medical tourism offers great economic potential, this article also highlights challenges that must be overcome, such as gaps in regulatory implementation, protection of foreign patients, and legal risks for health facilities and medical practitioners. An in-depth analysis of legal opportunities and challenges in medical tourism in Indonesia can provide insight for policy makers, legal practitioners and relevant stakeholders to develop a balanced and sustainable framework for advancing this sector.      

Gama Pandega

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Medical tourism has become a significant global phenomenon in the last decade. This study aims to analyze the dynamics of medical tourism opportunities and challenges within the Indonesian legal framework. Medical tourism refers to the travel of individuals to other countries to obtain high-quality medical care at a more affordable cost. Indonesia, with its natural resource potential and growing medical facilities, is attracting increasing attention as a medical tourism destination. In this study, we explore the legal framework governing medical tourism in Indonesia and analyze its impact on the opportunities and challenges faced by the sector. We also consider factors such as standards of medical care, cross-sector regulations, consumer protection, and accountability of the medical profession. The research method involved an in-depth literature review of laws and regulations related to medical tourism in Indonesia as well as a comparative study with other countries that have successfully developed this sector. The analysis results show that Indonesia has great potential in developing medical tourism thanks to its natural wealth, cultural diversity and modern medical facilities. However, significant challenges also exist, including harmonization of regulations across sectors, improving standards of medical care, and legal protection for consumers and providers of medical services. Apart from that, the importance of maintaining medical ethics and information transparency in the promotion of medical tourism is also an important focus in the legal framework.  

Mohammad Ginong Pratidina

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The case shows that some children's syrup drug products contain hazardous substances that can endanger the health of children. As a producer of children's syrup, their legal responsibility is very important in ensuring consumer safety. Law No. 17 of 2023 concerning Health provides a legal framework that regulates the responsibility of producers in this regard. This thesis discusses the legal responsibility of producers of children's syrup containing dangerous substances based on the law. The research reviews legal aspects related to producer responsibility, including legal sanctions that can be given to producers if they are found to have violated regulations, as well as what efforts producers can take to minimize legal risks and meet product safety and quality standards. The results of the study show that manufacturers of syrup for children must pay attention to various regulations and safety and quality standards stipulated by Law No. 17 of 2023 concerning Health and related institutions, and conduct product trials periodically to ensure safety and quality. In addition, producers must also be prepared to face legal sanctions if they violate existing regulations, such as fines and revocation of business licenses. The legal responsibility of the producer, then legal liability, namely civil, criminal and administrative responsibility Legal efforts that can be carried out Mediation efforts with the business actor/manufacturer of children's syrup medicine, if this fails, then the process can be carried out through the Consumer Dispute Protection Agency (BPSK), if the decision is not satisfactory, further legal action can be taken through the general court. The Ministry of Health and BPOM should be able to mitigate risks at the outset, regarding the distribution of drugs in Indonesia    

Edward Haryadi

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Internet users in Indonesia are increasing, in 2021 the development of Internet use is increasing rapidly as many as 7,000 samples come from Indonesia and all provinces in Indonesia and is growing from 8.9% to 73.7%, equivalent to 196.7 million internet users. Internet use is mostly used for social media such as Instagram. However, not all Instagram users can use Instagram wisely, so many cases of cyber crime still occur in Indonesia. So this research will discuss how law enforcement deals with cybercrime by manufacturers who employ endorsements to promote illegal cosmetics via Instagram. Using normative research methods activities that will examine internal aspects (to solve problems that exist within) positive law. For cases that occur, law enforcement can be applied such as imposing criminal sanctions as explained in the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions Article 9 in conjunction with Article 62 paragraph 1 of the Law Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection which reads Business actors who violate the provisions referred to in Article 8, Article 9, Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17 paragraph (1) letter a , letter b, letter c, letter e, paragraph (2), and article 18 shall be punished with imprisonment for a maximum of 5 (five) years or a fine of up to Rp. 2,000,000,000.00 (two billion rupiah). Suggestions that consumers are obliged to report if a case like this occurs so that the implementation in law enforcement will run smoother and be eradicated quickly, similar cases will no longer exist.  

Az Zahra Nashira Ryan; Aris Prio Agus Santoso; Giovania Madeira Do Carmo; Jonathan James Kurniawan; Zakkiya Muflih Gusma Putra

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

The use of cryptocurrency assets in Indonesia is still prohibited as a means of payment but as an investment instrument it can be included as a commodity that can be traded on a term exchange as regulated in the regulation of Law No. 10 of 2011 concerning amendments to Law No. 32 of 1997. The positive impact of cryptocurrencies in consumer protection such as cryptocurrency financial access can provide access to the traditional banking system, thereby increasing financial inclusion. There are also negative impacts to consider in consumer protection: security risks associated with theft or hacking of cryptocurrency exchange platforms and digital wallets can threaten the security of consumer funds. This study aims to analyze about consumer protection of cryptocurrencies in the digital age. This research uses normative research methods and uses qualitative data types. The results of this study show that consumer protection in cryptocurrency in the digital era, among others, preventively, in cryptocurrency trading transactions as assets is also strengthened by the Regulation of the Commodity Futures Trading Supervisory Agency Number 9 of 2019 concerning Amendments to the Regulation of the Commodity Futures Trading Supervisory Agency Number 5 of 2019 concerning Textile Arrangements for the Implementation of the Physical Market of Cryptocurrency Assets on Futures Exchanges. Meanwhile, if repressively to protect what is given after a dispute arises in the form of sanctions, fines, imprisonment, and penalties imposed a dispute occurs, regulated in Article 22 of PerBappeti Number 5 of 2019 concerning Technical Provisions for the Implementation of the Physical Market of Cryptocurrency Assets on the Futures Exchange, that dispute resolution is carried out by deliberation to reach consensus if it does not reach consensus the parties can resolve through the Futures Trading Arbitration Agency Commodity (BAKTI) and the State Court as stated in the agreement between the parties. Bank Indonesia reaffirms the ban on the use of virtual currencies in cryptocurrency, both in the form of selling, buying, and trading with these currencies. 

Nur Ikchsan; Siti Kholifah; Fajar Hari Prasetyo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze effective strategies in optimizing the use of social media, especially the YouTube and Instagram platforms, by students of Syari’ah business law courses. The focus of the research is to identify students' efforts to use social media as a relevant and useful tool in the context of social media business from an Islamic perspective and legal protection issues related to existing YouTube and Instagram social media content. The research method used is qualitative, with strategic analysis through surveys, interviews and observations of Syari’ah business students, especially content owners (Youtubers) and users who actively use YouTube as a medium for uploading content. , Content created by YouTubers is considered copyrighted. The data obtained was then analyzed to explore and document aspects of the Kedungsapur area that were thoroughly researched. The results of this research provide detailed insight into optimizing social media use of Syari’ah   business law students by uncovering unintentional mentions and attributions to certain parties throughout the public domain. This can lead to defamation, which is prohibited in Islam and violates the ITE Law, Islam emphasizes the importance of conveying information accurately and not manipulating or misusing facts. Further findings show that the presence of hackers has an impact on how content creators protect YouTube and Instagram. The meaning of this research can contribute to the development of innovative learning strategies and deepen students' understanding of the application of the law Syari’ah trading in the digital era.

Billy Sachio; Noor Saptanti

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

This study describes and examines the issue of the legal responsibility of online gambling promoters to people who lose due to influencers, considering the situation and conditions that are in need, of course, people will be tempted to obtain instant wealth. This study aims as an effort so that victims get proportionate attention in fulfilling their rights as victims to apply for restitution against online gambling influencers who advertise by providing false or untrue reviews. This research is a normative legal research that is perscriptive. Secondary data types include primary and secondary legal materials. The technique of collecting legal materials is carried out by literature study, then the analytical technique used is the deductive method. The results of this study show that victims can hold criminal and civil liability contained in Article 27 paragraph (2) jo. Article 45 paragraph (3) of Law number 1 of 2024 concerning online gambling, Law, Law 8 of 1999 concerning Consumer Protection, Article 1365 of the Civil Code concerning PMH, Article 1320 of the Civil Code concerning the legal terms of the agreement, and the Witness and Victim Protection Agency (LPSK).    

Mohamad Arif Asiari; Fenty U. Puluhulawa; Julius T. Mandjo

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

This research aims to determine the implementation of tera/re-terra by the Legal Metrology Department of Trade and Industry of Gorontalo City as an effort to protect consumers. The type of research used in this research is empirical legal research which is intended to obtain clarity and understanding of the problems in research based on existing facts. Data sources were obtained through interviews, observation and documentation. Then analyzed descriptively qualitatively. The results of the research show that the implementation of tera/retracing by the Legal Metrology Department of Trade and Industry of Gorontalo City is carried out by carrying out retracing/retracing of scales which are included in the legal metrology category which is authorized for trading by the Ministry of Trade, in accordance with international standards. All UTTPs must be stamped/recast once a year in accordance with legal metrology laws and regulations. This aims to ensure that the UTTP equipment used by business actors complies with statutory provisions, so that the measurement results, measurements and scales are as they should be so that they do not harm consumers.

Nazlah Aulia; Sri Hadiningrum

Public Service And Governance Journal 2024 Universitas 17 Agustus 1945 Semarang

Online shopping transactions through e-commerce platforms such as Tokopedia have become increasingly popular. However, with the growing number of online transactions, there are risks and responsibilities that need to be addressed. This study aims to explore the implications of keperdataan (law relating to civil matters) on the risks and responsibilities in online shop agreements in Tokopedia. The research will focus on analyzing the legal framework that governs online transactions, particularly in terms of consumer protection, contractual obligations, and dispute resolution mechanisms. By examining relevant laws and regulations, as well as case studies of online shop agreements in Tokopedia, the study seeks to identify key legal issues that may arise in online transactions and provide recommendations for both consumers and online sellers.

Moh Aditya Adjara; Mutia Cherawaty Thalib; Dolot Alhasni Bakung

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The purpose of this study leads to legal action that can be done by business actors related to losses caused by fictitious orders and legal protection against business actors in online buying and selling transactions Cash on Delivery (COD) payment methods. This type of research is a juridical normative research that leads to legal norms, legal principles and using the statute approach (legislation) and supported by the fact approach (the Fact Approach) and conceptual approach (concept approach). The results of the study that the form of legal protection against business actors who are harmed by consumers is in the form of compensation and/or sanctions against consumers when consumers still do not replace the losses as intended. Although Chapter 13 of the UUPK does not specify criminal sanctions against consumers in particular, this does not mean that consumers can avoid criminal sanctions. Criminal sanctions can be imposed against consumers if the consumer's actions have met the criminal elements. The legal action of business actors against consumers who make fictitious orders can then implement the principle of strict liability, business actors who feel aggrieved over the actions of consumers who are not responsible for the goods that have been ordered can demand compensation or compensation without having to dispute the presence or absence of elements of error on the part of consumers. The threat of punishment obtained against consumers who are proven to have committed fraud will be subject to imprisonment for a maximum of four years in accordance with Article 378 of the Criminal Code.. Therefore, it should pay more attention to legal certainty regarding legal protection not only to consumers but also to business actors. Because basically losses can not only be experienced by consumers but can also be experienced by business actors.