Publication Search

54,413 articles from 425 journals · 1,457 citations tracked

Showing 141-160 of 166

Analytics

Viadora Asnawi; Yohanes G. Tuba Helan; Detji K. E. R. Nuban

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

The purpose of this research is to analyze the legal protection of children's health rights from the dangers of school snacks in Kupang City. This research is an empirical research, which uses data collection techniques through interviews, documentation studies to obtain primary and secondary data on Legal Protection of Children's Health Rights from the Dangers of School Snacks in Kupang City, with 11 respondents, data analyzed descriptively qualitative. The results showed that the legal protection of school children as consumers of PJAS (School Snack Food) in Kupang City, in conducting legal protection of school children has not been effective because BPOM conducts surveillance in schools in Kupang city only taking sampling from several schools in Kupang city. The efforts of POM Center in Kupang in supervising PJAS (school snacks) in Kupang City, in performing the supervisory function of safe PJAS in Kupang City are limited experts to conduct supervision in the field, the rise of online sales, the low level of public education and the lack of strict law enforcement. (3) Are the prevention efforts carried out by the POM Center in Kupang against PJAS (school snack food) traders in Kupang City, the Food and Drug Supervisory Agency has not been maximized in sanctioning school snack food traders who are proven to use hazardous ingredients in processed food.

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.

Siti Mirta Liyani Halid; Nirwan Junus; Moh Taufiq Zulfikar Sarson

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to determine and analyze how the legal protection of consumers due to default in the housing loan agreement in the perspective of Consumer Protection Law No.8 of 1999. The type of research used in this study is normative juridical approach to legislation (statute aprouch) and case approach (case aprouch). The results of this study indicate that the case of default in the housing loan agreement, which occurred in the city of Gorontalo. Create legal protection against consumers (customers) who are harmed by Bank BTN who do not carry out their obligations in accordance with existing rules or regulations, where the bank does not issue housing certificates even though the consumer (customer) has paid the installments

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.

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.

Sri Hardhina Kunjayanti; Agus Widodo

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

Medicinal chemicals (BKO) are chemical compounds that are commonly added to traditional medicinal preparations to increase the drug's indications and offer a powerful and rapid impact in illness treatment. Traditional medicines containing BKO in Indonesia, particularly in East and West Java, are increasing year after year, from 43 to 50-53 traditional remedies containing medicinal compounds. Using the normative method, researchers will be able to use the findings of empirical legal science and other sciences to analyze and explain law without altering the character of normative legal science. The Consumer Protection Law Number 8 of 1999 regulates legal protection for consumers who consume industrially produced traditional medicines containing dangerous chemical chemicals. Article 19 (1) states that business actors are responsible for compensating consumers for damage, pollution, and/or losses caused by the consumption of goods and/or services produced or traded. (2) The compensation described in paragraph (1) may take the form of a refund or replacement of products and/or services of the same kind or equivalent value, or health care, and/or the payment of compensation in line with the provisions of the applicable laws and regulations. (3) Compensation is granted within 7 days after the transaction date. (4) Providing compensation as stated in paragraphs (1) and (2) does not preclude criminal prosecution based on further evidence indicating the presence of an element of error. (5) If the business actor can demonstrate that the error was caused by the customer, the rules intended in paragraphs (1) and (2) do not apply. Suggestions for effective implementation. Suggestions so that they can be implemented well.    

Nuryono Nuryono

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

Corruption is still a scourge and a sore that destroys the economic joints of a country or nation. Problem formulation: 1) What is the normative basis of the authority of the District Attorney's Office in overcoming corruption; 2). What is the role of the District Attorney's Office in overcoming corruption? This research will be compiled using the normative legal research type. The data sources used are primary and secondary data. Secondary data in this study include: Primary legal materials, consisting of: Law Number 48 of 2009 concerning Judicial Power, Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law Number 31 of 1999 which has been amended to Law Number 21 of 2001, Law Number 30 of 2002 concerning the Corruption Eradication Commission, Law Number 46 of 2009 concerning the Corruption Court. Research results: 1). Protection of patient rights as consumers in medical records is the existence of regulations that The normative basis for the authority of the District Attorney's Office in dealing with corruption crimes is divided into two, namely preventive handling and repressive handling. Preventive handling of corruption crimes by the prosecutor's office is an action taken within the framework before the crime or criminal act occurs, the legal basis for which is Article 30A and Article 30B letter d of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. The main umbrella is Law Number 8 of 1981 concerning the Criminal Procedure Code, especially those stated in Article 1 number 6 letters (a) and (b) of the Criminal Procedure Code. The prosecutor as a criminal investigator also serves as a public prosecutor in handling corruption crimes. So to complete his obligations, the prosecutor must cooperate with other related parties. Cooperation with other parties is called a legal relationship, because in carrying out cooperation in a rule or law that is certain in nature. Legal relations with other parties can be individuals, legal entities and other government agencies.    

Hugo Fernando Felix; Dewa Gede Pradnyana Yustiawan

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The aim of this publication is to clarify the legal relationship between parties involved in peer-to-peer lending as well as legal protection in the event of default. This research uses a method known as normative legal research or library law research, where secondary data or library materials are used as source material. In addition, this page explains in general the P2P lending model, rules, P2P lending arrangements in Indonesia, and consumer legal protection. Based on this research, it is known that the parties involved in P2P lending have power relations, loan agreements, and cooperation agreements. Depending on the cause of default, the lender or P2P Lending provider may be liable for default risk. Although illegal P2P lending is not subject to OJK regulations, legal P2P lending businesses are regulated by the Financial Services Authority (OJK) and must comply with OJK regulations. Subjective terms are violated by loan agreements signed through illegal P2P Lending, allowing requests for cancellation in court.  

Adilah Rahman; Adisty Maharani; Anzira Sania Desivha; Reza Dio Wijatmika; Herli Antoni

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research examines more deeply the analysis of legal certainty for victims of Doni Salmanan's fraud in trading through an application called QUOTEX. In relation to the decision of the Bale Bandung District Court number 576/Pid.Sus/2022/PN BlB, in which the Panel of Judges gave a verdict of imprisonment and confiscation of assets owned by the defendant generated through trading by utilizing his victims for profit and the assets were confiscated by the state. However, in the verdict there was no decision at all to provide compensation to the victim of Doni Salmanan's fraud, in this case the element of legal justice for the victim was not fulfilled by this decision. However, the aspect of legal certainty for the victim is very strong so that the defendant gets a death sentence and a fine for his actions. The legal certainty in question is a guarantee that the law is carried out properly in processing the rights and obligations of the defendant for his crime. Material law as an element of legal certainty has been carried out and linked to various laws and regulations relating to the case. Law No. 8/1999 on Consumer Protection for the losses suffered by the victim as a consumer, Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions because the case involved electronic networking devices, and Law No. 8/2010 on the Prevention and Eradication of the Crime of Money Laundering because in the prosecution the defendant was deemed to have disguised his wealth generated through criminal acts.

Verda Raseindriyasari Bidjaksono; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

  The negative impact of the Covid-19 pandemic has caused problems with the protection of consumer rights. This happens when their access to basic goods and services is poor as a result of unfair economic practices and causes unfair business competition. In Law No.8 of 1999 concerning Consumer Protection Article 4 which regulates consumer rights. During the Covid-19 pandemic, it has caused various impacts that go hand in hand with the era of disruption, causing consumers to be in a weak position. In dealing with the Covid-19 pandemic case, it is not only regulated by national legislation or legislation, but also by human rights law, especially those that have been officially recognized by the state. These activities have implications for the implementation of business competition supervision carried out by the Business Competition Supervisory Commission (KPPU).

Milyatul Farihah; Kamilia Sari; Sumriyah Sumriyah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

The development of digital technology has had a significant impact on the use of demand deposits in the trading business. This discussion aims to analyze the effect of the application of digital technology on the use of demand deposits in the retail industry. Several retail companies are still facing challenges related to technological infrastructure and the availability of reliable internet access. In order to optimize the use of demand deposits in the trading business with the adoption of digital technology, retail companies need to involve employees in training and developing technology skills. Attention to data protection and customer privacy is also required and the development of strategies to promote consumer acceptance of digital payment methods.    

Fitri Kartika; Anggraeni Endah Kusumaningrum

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Crimes that often occur in cyberspace are crimes that are relatively new, cybercrime is growing rapidly along with the development of internet technology that is happening today. The spread of hoaxes during the Covid 19 pandemic has become a big problem because many people believe hoaxes, causing the handling of Covid 19 to be very slow and causing many victims. The Covid 19 pandemic has forced all people in the world, including Indonesia, to be comfortable living side by side with Covid 19. This research uses a normative legal research method using a statutory approach. The main source of this research is regulations. The results of this study indicate several crimes that can be used as protection by consumers who experience losses due to fake news amid the Covid 19 pandemic, namely Article 14 paragraph (1), paragraph (2), Article 15 Article 14 paragraph (1) and Article 45A paragraph (1). ) and (2), and article 28 of Law Number 11 of 2008 concerning Information and Electronic Transactions.

Haqkiki Bintang Pratama; Zainudin Hasan; Adelya Putri Utami; Figo Putra Ranenda

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Society's need for cosmetics has led to the emergence of many cosmetic manufacturers. Distribution permits to sell freely on the market currently do not have many cosmetic products. The purpose of this research is to find out the legal consequences of the abuse of chemical-based cosmetics that do not include the number of the Food and Drug Supervisory Agency (BPOM) with counterfeit distribution (study center at Pasar Simpur, Bandar Lampung). The legal consequence of the abuse of the use of chemical-based cosmetics that are not listed as BPOM numbers with counterfeit distribution (Study Center in Bandar Lampung's Simpur Market), can be subject to various statutory provisions, namely Law Number 36 of 2009 concerning Health, Law Number 8 of 2011 concerning Protection Consumers and Decision of the Head of BPOM Republic of Indonesia Number HK 00.05.4.1745 The sanctions obtained consist of administrative sanctions and criminal sanctions.

Haqkiki Bintang Pratama; Zainuddin Hasan; Adelya Putri Utami

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Society's need for cosmetics has led to the emergence of many cosmetic manufacturers. Distribution permits to sell freely on the market currently do not have many cosmetic products. The purpose of this research is to find out the legal consequences of the abuse of chemical-based cosmetics that do not include the number of the Food and Drug Supervisory Agency (BPOM) with counterfeit distribution (study center at Pasar Simpur, Bandar Lampung). The legal consequence of the abuse of the use of chemical-based cosmetics that are not listed as BPOM numbers with counterfeit distribution (Study Center in Bandar Lampung's Simpur Market), can be subject to various statutory provisions, namely Law Number 36 of 2009 concerning Health, Law Number 8 of 2011 concerning Protection Consumers and Decision of the Head of BPOM Republic of Indonesia Number HK 00.05.4.1745 The sanctions obtained consist of administrative sanctions and criminal sanctions.

Atha Raihan Azayaka; Eko Wahyudi

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research was conducted with the aim of knowing legal protection for consumers for skincare products without a marketing authorization that are sold online. This study uses normative juridical research methods, namely using data collection techniques through library research or using secondary data. Among them are official documents, books, research results, in the form of reports. In this study, it was concluded that consumers who have experienced losses as a result of skincare products without marketing authorization can take legal action through the courts or outside the courts. However, this legal protection is still underutilized by consumers in the event of a problem, so that the UUPK becomes less effective, because compensation is given within seven days after the transaction. If this provision is maintained, it will be difficult for consumers who experience losses to obtain protection. This is because the negative effects of using skincare can occur after seven days.

Rifaldi, Aditya; Suliantoro, Adi

DINAMIKA HUKUM 2023 Universitas Stikubank

The background of this thesis is that it starts from the rapid growth of information technology-based lending service providers, apparently not balanced with adequate education to the public, causing various effects / risks that arise from the many kinds of online loans and there are still many unregistered or illegal organizing companies found as well as the potential for leaking user personal data that can be misused by the organizing company or another party One of the platforms is the Smart Credit App.   The problems that the author raises in this study are How to Arrange Online Loans on the Smart Credit Application, How are the Losses arising from online borrowing of the Smart Credit Application and How is the Responsibility of the Smart Credit Application for Losses from Customers. The research method used by the author in answering problems is Normative Juridical Research where the author tries to examine problems with existing legal rules and uses the literature study method in collecting existing legal materials. The conclusion of this thesis research is that Online Loans through the Smart “Credit Application in the people of Semarang City are regulated in Article 1320 of the Civil Code which in essence stipulates thatagreements made online must still meet the legal requirements of an agreement. The implementation is regulated in POJK regulation 77/2016 concerning Technology-based Loan Services. Customer protection in online loan agreements can be found in the Consumer Protection Law in article 7 which regulates the Obligations of Business Actors, then Article 8 which regulates things that are prohibited from being done by Business Actors, and Article 18 which regulates the provisions of matters related to the Standard Clause. ITE Law, where in Article 11 and Article 17 of the ITE Law regulates matters related to the validity of electronic agreements, OJK Regulation Number 77 / POJK / 2016 concerning Services of a Loan in the form of Money Based on Information Technology which is regulated through article 18 concerning the Form and Structure of online loan agreements. The disadvantage that often arises from the Smart Credit Application is the dissemination of personal data carried out by the Smart Credit Application because the Debtor does not make payments on time, so the debt Collector uses techniques to use the dissemination of personal data to pressure the Debtor to immediately make payments, Juridical Responsibility The Kredit Pintar application for actions committed for defamation can be held civil liability through a Tort Lawsuit as stipulated in article” 1365 of the Civil Code filed by Customers who feel aggrieved because their identity is used in the misuse of personal data.   Keywords : Online Loans, Smart Credit Applications.

hisbulloh, moh hamzah

DINAMIKA HUKUM 2022 Universitas Stikubank

Abstrack: The rapid development of technology affects various aspects of life, one of the effects of technological developments is felt in the process of data management systems which are almost entirely digital-based, this affects the availability of data recorded in digital form which is very abundant, resulting in the creation of a digital system known as Big Data. On the other hand, the rapid development of technology creates new problems, problems that often arise in the current era regarding the protection of personal data. Regulations related to the protection of personal data, both in government and private institutions, have been regulated in several laws and regulations, but in their implementation the rules governing personal data protection are not sufficient to provide protection for personal data collected in Big Data, both in government institutions and private. Therefore, this study analyzes the alignment of the use of Big Data technology with public or consumer privacy regarding the protection of personal data. The research method uses a literature review with a conceptual-analytic approach. The data used are various journals related to the topic the author is studying, related laws and regulations and several news sources from print and electronic media. The use of big data must be balanced with strong protections related to personal data protection, in practice in Indonesia the lack of legal rules related to personal data protection has resulted in many cases of data leakage.

Sukma, Rakasyiwa Rewangga; Suliantoro, Adi

DINAMIKA HUKUM 2021 Universitas Stikubank

September 13, 2019, the US Food and Drug Administration (FDA) and the European Medicine Agency (EMA) issued a warning through the official FDA website, that contaminants were found that were thought to trigger cancer. It is known that the contamination is an impurity or nitrosamine compound or commonly called N-Nitrosodimethylamine (NDMA) which is included in chemical contamination originating from chemical elements or compounds that can endanger human health. Symptoms that appear are the skin and the whites of the eyes turning yellow, fatigue, darker urine, and abdominal pain. Based on this, there is a problem that needs to be analyzed, namely how the law protects consumers from consuming these materials, especially in the city of Semarang, are there any obstacles in the effort to protect consumers from consuming drugs containing NDMA. The methodology used in this research is juridical normative with secondary data, which is analyzed by analytical descriptive. The results of the analysis, it is known that the state through various provisions has protected consumers from consuming hazardous materials, including those in Article 8 "Regarding actions that are prohibited for business actors; Law Number 36 of 2009 concerning Health Articles 98, 99, 104 & 106 "Regarding the Security and Use of Pharmaceutical Preparations and Medical Devices" AND Regulation of the Minister of Health of the Republic of Indonesia 101 / MENKES / PER / XI / 2008 concerning Drug Registration. That in this protection effort, the government c.q BPOM is experiencing internal and external obstacles. Internal constraints, namely limited human resources and still low external business actors to meet the requirements for good production methods, with relatively low legal sanctions.   Keywords: Consumer Protection, NDMA Drugs, BPOM

Prameswari, Galuh Puspa; Andraini, Fitika

DINAMIKA HUKUM 2020 Universitas Stikubank

In our daily needs as a human being cannot be separated from the natural resource that is bestowed by God Almighty, especially water. People choose to consume drinking water produced by the Drinking Water Depot (AMD) business because of the need for clean and healthy water for consumption. But it turns out that health is not always guaranteed because the drinking water produced by the drinking water depot (AMD) refills is still found many germs that cause disease (pathogens) and is not safe for consumption because it does not meet the standard of eligibility. Issues to be discussed are the legal protection of consumers for their rights being violated by business actors in refill drinking water depots in Semarang City, and the settlement mechanisms that can be taken to resolve various violations of refilled drinking water depots that do not have a business license in Semarang City. The approach method used in this research is a normative juridical approach using secondary data in the form of library materials, documents, and other laws and regulations related to the research that will be discussed. And the analysis technique used is descriptive analytical. Legal Protection for Water Depot Consumers whose Rights are Violated by Business Actors of Refill Drinking Water Depot in Semarang City, are regulated in Article 60 and Article 62 of the Consumer Protection Law as well as in Article 28 of the Regulation of the Minister of Health of the Republic of Indonesia Number 736 / Menkes / Per / IV / 2010 concerning Procedures for Supervision of Drinking Water Quality, while the Settlement Mechanism that Can Be Taken to Resolve Various Violations of Refill Drinking Water Depots that Do not Have Business Permits in Semarang City are regulated in Article 47 and Article 48 of the Consumer Protection Law.   Keywords: Consumer Protection, Drinking Water Depot (AMD), Business License