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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.  

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.    

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.  

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.      

M.Bagas Hutama P; Arief Suryono

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

Customers who enter into insurance agreements online receive legal protection based on Law no. 40 of 2014, Consumer Protection Law, Civil Code, KUHD, and Law no. 11 of 2008 concerning Information and Electronic Transactions. Thus, an online insurance policy is recognized as a legally valid electronic document, both in digital and printed form. OJK is responsible for insurance supervision, both online and offline, with a focus on aspects of governance, business ethics and financial health. This supervision includes analysis of reports, examinations and investigations, which are part of the OJK's duties in regulating and supervising the financial services sector in Indonesia.  

Bagas Indria Wibisono

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection for notary service users based on the Consumer Protection Act (UUPK) and Islamic perspectives. Notaries, as public officials authorized to create authentic deeds, play a crucial role in providing legal certainty to the public. However, notaries' obligations to provide clear and specific legal guidance have not been fully implemented, resulting in inadequate legal protection for service users. Within the context of UUPK, consumers have the right to receive true, clear, and honest information, as well as the right to advocacy and protection. The Islamic perspective also emphasizes the importance of justice, transparency, and consumer rights protection, including the obligation of service providers to provide accurate information and avoid harmful practices. The research method used is normative juridical with statutory and conceptual approaches. Data were collected from various legal sources, books, journals, and relevant encyclopedias. The analysis indicates that notaries need to enhance transparency and the quality of legal guidance to ensure that consumer rights are well protected. n conclusion, notaries must provide specific, clear, and thorough legal guidance to achieve effective legal protection for their service users. This aligns with the objectives of UUPK and the principles of consumer protection in Islam, aiming to create benefits for society.

Maya Sri Novita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has encouraged the rapid growth of online buying and selling (e-commerce) activities. However, along with the increase in digital transactions, fraud in e-commerce is increasingly prevalent. This research aims to examine the importance of legal protection for victims of fraud in online transactions and examine the effectiveness of applicable laws and regulations in providing justice and legal certainty. The research method used is a normative juridical approach with an analysis of laws and regulations, legal literature, and case studies. The results of the study show that despite the existence of legal instruments such as the Criminal Code, the ITE Law, and the Consumer Protection Law, the implementation of protection for victims still faces various obstacles, such as the difficulty of tracking perpetrators and weak law enforcement. Therefore, it is necessary to strengthen regulations, increase public legal literacy, and optimize the role of law enforcement officials in providing maximum protection to victims of fraud in e-commerce. This research recommends synergy between regulation, technology, and education as an effective legal protection solution in the digital era.

Yoseph Imanuel Hawula; Darius Mauritsius; Yossie M.Y. Jacob

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This research was conducted at the Baun weekly market. The background to this research is markets that should provide quality, clean and halal food, however carrying out trade in animal meat that does not comply with sales standards. The problem studied is animal husbandry procedures in selecting livestock for farming slaughter at the baun market and the role of supervisor and responsibilities of the district livestock service Kupang, the role of breeders in terms of consumer protection regarding the sale of animal meat (Cow and Pork) at the baun market. This research uses empirical methods or methods with data obtained from direct interviews in the field. 1) Procedures for cattle breeders and pigs to be slaughtered according to procedures and supervised directly by the livestock service Kupang Regency and the quality of the meat produced is safe and high quality at the Baun market. 2) Supervision of animals and animal meat (beef and pork) is carried out by veterinarians, breeders, Kupang district livestock service, BPOM, health service, (LPPOM MUI), (BPKN), (LSPK), market foremen, and sub-district/district governments.

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).    

Cindy Sara Nauolim; Siti Ramlah Usman; Yossie M.Y. Jacob

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The price difference between the price tag and the cashier's price that occurs at Suba Suka Store is a form of violation of consumer rights, so that legal certainty is needed to protect the rights and obligations of consumers and business actors. The formulation of this research problem are: (a) How is legal protection for consumers who experience price differences between price tags and cashier's prices according to Law Number 8 of 1999 concerning Consumer Protection? (b) What is the responsibility of business actors regarding price differences between price tags and cashier's prices experienced by consumers at Suba Suka Store, Kupang City? The objectives of this research are:  (a) To determine the legal protection for consumers who experience price differences based on Law Number 8 of 1999 concerning Consumer Protection; and (b) To determine the form of responsibility of business actors in handling the problem of price differences at Suba Suka Store in Kupang City. The results showed that (a) Legal protection for consumers who experience price differences is clearly regulated, but in its implementation based on existing provisions, it has not been carried out properly because there has been no complaint to be resolved directly by the authorized party, namely BPSK at the NTT Provincial Disperindag, so that when consumers file a complaint (b) the form of responsibility of the Suba Suka Store is to provide prices according to what is found by the store, the rest is the right of consumers to decide to continue or cancel the transaction. The conclusions in this paper are: (a) The legal protection provided has not been implemented properly because it has never been resolved by the authorized party, either directly or indirectly (b) errors in the price tag and cashier's price are things that need to be paid attention to again by the Suba Suka Store to become their full responsibility to solve the problem of price differences that occur. The author's suggestions (a) it is necessary to increase supervision and provide socialization about consumer protection (b) every business actor pays more attention to replacing price tags (c) consumers are expected to be smarter and increase awareness when they realize their rights are being violated (d) to further researchers so that they can continue this research to support this thesis.         

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.

Ari Adi saputra; Diki pebri apriyanto; Nur Laela Hildayati

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

The rapid expansion of e-commerce has introduced new complexities in consumer rights and legal protections. This article examines the legal framework for consumer protection in digital transactions, focusing on e-commerce fraud, data privacy, and contract enforcement. Through a comparative analysis, it identifies the strengths and weaknesses of existing regulations and suggests improvements to safeguard consumer rights in the digital age. The findings aim to inform policy development for enhancing consumer confidence and security in online transactions.

Reynaldi Alfrido Kurniawan; Weny Almoravid Dungga; Mellisa Towadi

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to understand and comprehend the urgency of implementing Artificial Intelligence in service business transactions as well as the application of the Consumer Protection Law in regulating business transactions using Artificial Intelligence. This research was conducted using a type of normative legal research supported by empirical data. In research activities, researchers also use data collection techniques through interviews and documentation. Based on the research that has been carried out, the results show that the implementation of Artificial Intelligence in business transactions provides a number of significant benefits in business. This includes increased operational efficiency, better data analysis, being able to answer messages automatically and the ability to make decisions in a more timely manner. In addition, the application of the Consumer Protection Law in business transactions using Artificial Intelligence is very important to maintain consumer rights and security.

Devinda Diana Valentina; Suraji Suraji

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

This research examines the validity of agreements regarding the inclusion of exoneration clauses in e-commerce transactions. Agreements between marketplace companies and their users are packaged in the form of standard agreements. This allows for the inclusion of eksonerasi clauses containing exoneration elements that may harm users. The research method used by the Author is normative legal research with a prescriptive nature. The types and sources of research data include primary data consisting of legislation, basic principles, jurisprudence, and other fundamental regulations, as well as secondary data obtained through literature review. Based on the research findings, the use of standard agreements is generally allowed as long as it does not violate Article 18 paragraph (1) of the Consumer Protection Law. Such violation constitutes a breach of the conditions for the validity of the agreement in terms of a lawful cause, thus rendering the use of exoneration clauses legally void.

Erwin Wahyu Saputra; Diana Tantri Cahyaningsih

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to examine the form of legal protection for consumers on the purchase of third generation Toyota Avanza cars due to production defects. This research is a prescriptive and applied normative legal research with a statue approach and case approach. The sources of legal materials used are primary and secondary legal materials, by means of literature study of documents or library materials, and syllogism and interpretation techniques using deduction thinking. The results of this study are the form of legal protection for consumers on the purchase of third generation Toyota Avanza cars can choose two forms of legal protection described by Moch Isnaeni, namely internal legal protection and external legal protection. In internal legal protection in the form of an agreement made in the agreement to purchase a third generation Toyota Avanza car. While external legal protection is protected by laws and regulations, government regulations, and ministerial regulations. 

Moammar Khadafi; Otih Handayani; Widya Romasindah Aidy

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

The proliferation of imported used clothing trade is due to clothes sold having foreign brands at cheap prices so that people who want to stay fashionable prefer imported used clothes because they are considered more affordable. The Clinical Pathology Laboratory of Muhammadiyah University Surabaya stated that used clothing samples contained mold or yeast fungi, Staphylococcus aureus bacteria, Escherichia coli bacteria and HPV (Human Papilloma Virus). This study aims to investigate the regulations regarding the trade of secondhand clothing in Indonesia and explore the legal protection provided for consumers of secondhand clothing in the country. The study employed a normative juridical legal research method, utilizing both the statute approach and conceptual approach. It drew upon legal materials such as Law Number 8 of 1999, Law Number 36 of 2009, Law Number 7 of 2014, and Minister of Trade Regulation No. 18 of 2021. The initial finding of the research was that the importation of secondhand clothing in Indonesia has been prohibited under Minister of Trade Regulation No. 18 of 2021, Article 2, paragraph (3), while local secondhand clothing businesses are permitted based on the Indonesian Business Field Standard Classification (KBLI) with code 47742. Secondly, legal protection for secondhand clothing consumers in Indonesia has been regulated in Law Number 8 of 1999. One of the consumer rights that needs to be fulfilled in consumer protection is the right to compensation for losses suffered by consumers based on Article 4 number 8, Article 7 letter f, and Article 19 paragraph (1).

Harum Tri Nugraheni; Suraji Suraji

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

This article aims to examine the form of legal protection for buyers due to the implementation of legal regulations in Indonesia regarding cases of hidden defects in e-commerce transactions. This research is normative legal research with primary, secondary and tertiary legal materials. This research uses a legislative approach which will then be analyzed using the syllogism method with a deductive mindset. The results of this research show that internal legal protection is created by the parties themselves, if the business actor commits a breach of contract in the form of selling goods that are not in accordance with the agreement, this can result in internal protection not being fulfilled. Meanwhile, the UUPK and PP PSTE are a form of external legal protection because they are regulations that have been made by authorized officials to provide protection to weak parties from injustice.

Vina Aprilia; Nur Lailatul Maghfiroh; Salsabila Dhiya Atik; Nabyla Qutrun Nada; Alfan Hermawan +6 more

Jurnal Riset Ilmu Farmasi dan Kesehatan 2024 Asosiasi Riset Ilmu Kesehatan Indonesia

Health is the main capital for the growth of the nation's life.  The development of trade is currently experiencing very rapidprogress, which occurs not only in the goods traded but also in the buying and selling transactions themselves.  One very important component of health is the availability of medicines as part of public health services.  This research aims to find out about the distribution of drugs without a distribution permit and consumer protection in terms of monitoring and taking action against drugs without a distribution permit that are sold online by the Food and Drug Supervisory Agency and the Ministry of Communication and Information.  The results of the research show that the Food and Drug Supervisory Agency has made various efforts to protect the public from drugs without distribution permits that are sold online, in handling the circulation of drugs sold online, the Food and Drug Supervisory Agency collaborates with Interpol and other government agencies such as the Ministry of Communication and  Informatics carries out Operation Pangea.  In this operation, the Food and Drug Supervisory Agency will list websites and social media accounts that promote and market drugs without a distribution permit to be submitted to the Ministry of Communication and Information for blocking.  A distribution permit is preventive supervision as a form of protection for consumers carried out by the Food and Drug Supervisory Agency before the drug circulates in the community.  So it is reasonable to suspect that if a drug does not have a distribution permit, the drug has not been tested for safety, efficacy and quality aspects.