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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.    

Adilah Rahman; Esa Nur Hakam; Moch Rifan Juhendi; Farahdinny Siswajanthy

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

This paper aims to analyze the role of Bank Indonesia in consumer protection, focusing on the legal framework of Law No. 4 of 2023 on Financial Sector Development and Strengthening. In the context of the changing dynamics of the financial sector, especially in an era that continues to evolve digitally, this research explores the impact and implementation of the regulation on the steps taken by Bank Indonesia in protecting consumer rights in the banking sector. This research uses a normative legal analysis method to identify and evaluate the role of Bank Indonesia in accordance with the provisions of Law No. 4 of 2023. The main focus is on the adjustment and improvement of regulations set by Bank Indonesia, especially Bank Indonesia Regulation Number 3 of 2023 concerning Bank Indonesia Consumer Protection which replaces Bank Indonesia Regulation Number 22/20/PBI/2020.

Rivaldo Yustitio Syauta; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson

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

This research aims to find out what form of legal protection there is for consumer data who make loans through online applications in Gorontalo and to find out what efforts consumers can take if there is a dispute with the lender regarding leakage of consumer data. This research is empirical normative legal research conducted at the Gorontalo Regional Police and victims of data misuse by online loans. Primary data and secondary data obtained through library research and field research were then analyzed qualitatively. The research results show that the form of legal protection for consumer data who make loans through online applications in Gorontalo is carried out in three forms, namely: first, protection through regulations, namely in the Personal Data Protection Law, the Consumer Protection Law, and Article 1338 of the Civil Code. Second, protection through law enforcement efforts carried out by the police, as well as preventing misuse of data through legal education as a form of preventive legal protection. Meanwhile, efforts that consumers can take if there is a dispute with a lender regarding leakage of consumer data are legal action taken by the police through reporting complaints from the public to investigations that follow up on complaints from the public, and monitoring and taking action carried out by the OJK as parties who carry out activities regarding the implementation of non-bank banking institutions such as online loans. 

Dita Cahyani Sudirman; Nabila Alya Husna; Salsabilla Putri Alaika; Aura Syahranni; Donyuanalloh Azdy

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

The study of the role of the Financial Services Authority (OJK) in protecting banking customers is an important topic in the context of consumer protection and the stability of the financial system. OJK has the authority to end operational supervision procedures related to bank and non-bank exchange transactions, as well as providing legal certainty for customers. It is an Islamic economic perspective, OJK also has a role in protecting sharia banking customers. Legal protection for depositing customers has been regulated in various laws and regulations, including Law Number 21 of 2011 concerning OJK. OJK also has an important role in resolving consumer complaints in accordance with those regulated in the Consumer Protection Law. In addition, OJK is also involved in regulating national economic stimulus policies that have an impact on the spread of COVID-19. Through regulations such as OJK Regulation No. 48/POJK.03 Year 2020, OJK plays a role in loving the guarantee for financial losses felt by depositing customers. Thus, the role of OJK in protecting banking customers is very important in maintaining public trust in the financial system.

Adeliya Saragih; Muhammad Irwan Padli Nasution

Maeswara : Jurnal Riset Ilmu Manajemen dan Kewirausahaan 2023 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This research aims to determine the effect of the use of digital money on the amount of money circulating in Indonesia. The method used is Library Research (Library) in this writing, this method uses books, and journals, both written and online. Based on this research, it can be concluded that the use of digital money brings efficiency in transactions, reduces operational costs, allows fast payments, and allows better transaction tracking. It changes the way we interact with finance, providing benefits to individuals, businesses, and the economy as a whole. However, it should be noted that security, regulation, and consumer protection are also important concerns in the development of this financial technology.

Anggun Pulumoduyo

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The research in this paper aims to find out more about the legal validity of online auctions via Instagram social media and how legal protection is for online auction participants on Instagram social media. The method used by the author in writing this article is a normative legal research ethod with a statutory approach. Research shows that the legal basis for carrying out online auctions via Instagram social media is Article 1320 of the Civil Code and 1338 of the Civil Code because the implementation is not submitted to an official auction house so it cannot be said to be an official auction and in implementing online auctions on Instagram social media there are weaknesses, namely in advertising goods. In the auction, information about the goods and services being sold is unclear, causing misperceptions among consumers or online auction participants on Instagram and is only based on trust. Legal protection for victims of social media online auction fraud is contained in Article 1243 of the Civil Code, Article 19 of Law Number 8 of 1999 concerning Consumer Protection, Article 28 paragraph (1) of the ITE Law, and dispute resolution is contained in Article 38 of the Law Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions.

Dewi, Putri Maha; Kurniawan, Itok Dwi; Septiningsih, Ismawati

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2023 Prodi PPKn Universitas Slamet Riyadi

This article discusses the civil aspect in contract cases, which are used by many people in various business collaborations. This article uses a normative research method, and uses a statutory approach. The provisions limiting the authority to make this exoneration clause have not been explicitly regulated. The only provision is the UUPK, although it uses the term standard clause which turns out to be different in meaning from the exoneration clause. In this case the standard clause is defined as a clause made unilaterally by the business actor, but its contents may not lead to an exoneration clause. Meanwhile, the exoneration clause as explained earlier is a clause that contains an attempt to limit, or even completely eliminate, the responsibility that should be borne by one of the parties, in this case the business actor. Legal protection is to provide protection for human rights that are harmed by others and this protection is given to the community so that they can enjoy all the rights granted by law so that the achievement of business/economic development goals in Indonesia is achieved in accordance with the values ​​of justice of the Indonesian people.

Akhsal Rico Faldy; Hariyo Sulistiyantoro

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Every business actor is basically obliged to act in good faith, one of which is as a manifestation of consumer protection. Case in Decision No. 90/Pdt.Sus-BPSK/2021/Pn.Mdn) shows that there are business actors who do not carry out their obligations as they should, namely not having good intentions and not providing information to their consumers. The aim of this research is to explore legal certainty regarding the fulfillment of good faith by business actors in providing information to consumers of postpaid services based on Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. This research method uses normative juridical approaches to statutory, conceptual and case regulations. The research results found that the fulfillment of good faith in this case showed that legal certainty had not been realized. This is because of the legal provisions regarding this matter as regulated in Law no. 8 of 1999 concerning Consumer Protection has not been enforced properly. According to Sudikno Mertokusumo, legal certainty should be realized by implementing legal provisions as they should.

Chusnul Maulidina Hidayat; Irwan Susanto; Maliana Puspa Arum; Selin Lestari Br Karo; Ahmad Fahreza

Jurnal Manuhara : Pusat Penelitian Ilmu Manajemen dan Bisnis 2023 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

The rapid technological developments also have an impact on the financial industry in Indonesia. Financial service providers issue a variety of products to support their business activities and also to serve consumers who use their product services. One of the products they offer to consumers is Fintech. The Fintech innovations offered include Peer to Peer Lending (P2PL), crowdfunding, Payment Gateways, and risk and investment management. From these technological developments, new challenges arise for financial service supervisors and the government to monitor these practices in order to create an environment that is not detrimental between financial service providers and consumers. This study aims to explore the role of existing legal regulations in Indonesia in dealing with technological developments in the financial sector. The research was conducted by means of descriptive analysis and collecting review literature studies to compare and analyze consumer protection in the development of Fintech. The results of this study indicate the need for supervision by financial supervisory institutions in practice to oversee the activities carried out by financial service providers in offering their products to consumers, so that there are no violations that can harm consumers.

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).

Ngafifatul Waro; Nely Arifah Tulistyawati; Laila Hanifah; Endang Kartini Panggiarti

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

The Financial Services Authority (OJK) as a regulator of the money management sector, especially the financial sector, must adequately equip its capabilities to properly implement and support financial management sector activities. economic growth. OJK has a position in managing Islamic banks. The description of Islamic commercial banks is very important because they are only marginal in accelerating the development of the financial economy, especially micro, small and medium enterprises (MSMEs). The Financial Authority carries out the functions, duties, authority to regulate and control activities in the financial sector in an integrated, independent and responsible manner, particularly in the world of banking. The problems of this research are: First, how independent is the Financial Services Authority in regulating and supervising banks? Second, what is the role of the Financial Services Authority in regulating and supervising banks? Third, what is the role of the Financial Services Authority in consumer protection and consumer investigations? The type of research method is normative law and the type of research is descriptive. In conclusion: First, other parties do not interfere with the independence of OJK in its regulation and are found to be inseparable from government interference. Such deals can lead to government intervention. Second, the role of OJK in regulating and supervising banks related to the regulation and supervision of micro stability is very broad. Third, OJK's role in consumer protection is to inform and educate the public about the good quality of the financial sector, its services and products. Stop if it can harm consumers. It is recommended: First, in addition to regulating the independence of the OJK, there must also be freedom from state intervention, so that the government cannot intervene. Second, that the OJK really places the interests of the national economy and not the interests of entrepreneurs as the center of its regulatory task. Third, clarify the provisions that make it easier for the OJK to handle consumer complaints, so that there is no prejudice as if the OJK is providing financial support to consumers.  

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.

Faizal Idris, Reza; Sulistiyantoro, Heru

Populer: Jurnal Penelitian Mahasiswa 2023 Universitas Maritim AMNI Semarang

To meet the needs of life, there is a relationship between business actors and consumers. The relationship between business actors and consumers is interdependence. To protect the interests of consumers, the Consumer Protection Act is urgently needed due to the weak position of consumers towards business actors. The purpose of this study was to determine the form of legal protection for consumers in obtaining 3 kilograms of LPG (Liquified Petroleum Gas) at a price according to the HET (Highest Retail Price). The research method used in this study was a normative juridical research method with data collection through library research and interviews in order to collect and study library materials or secondary data. The result of the research is that regulations regarding consumer legal protection and consumer disputes in Indonesia have been regulated in Law Number 8 of 1999 concerning Consumer Protection. In addition, socialization is needed from the government and related institutions regarding the rights of 3 kg lpg consumers, such as the right to obtain information about the price of 3 kg lpg, information about the availability of 3 kg lpg gas at bases and so on, especially in the city of Surabaya.

Kurniawan, Itok Dwi; Septiningsih, Ismawati; Adihiyati, Zakki; Sarah Asafita, Kristiyadi Yoke

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2021 Prodi PPKn Universitas Slamet Riyadi

In this millennial era, it is very easy to get an unsecured money loan, one of which is by using a Shopee Paylater electronic money loan. However, in its use it often also causes losses because the interest on the loan is so large that it makes it difficult for users of electronic money loans to pay and pay off their debts. Therefore, this study aims to explore how legal protection is for users of electronic money loans, especially the Shopee Paylater application which is a polemic among the Indonesian people. The method used in this research is a normative legal research method with a conceptual approach and an approach to legislation. The conceptual approach is carried out by analyzing the concept of consumer protection and the agreed agreement to be able to digest the legal relationship between parties in the Shopee application with the Shopee Paylater feature. The results showed that there was a cooperative relationship between Shopee and PT Lentera Dana Nusantara as the lender.

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

Khasanah, Mufidatul; Suliantoro, Adi

DINAMIKA HUKUM 2020 Universitas Stikubank

The purpose of this study is to determine the protection of consumers who use cosmetics that are not registered with the BPOM, the legal consequences for cosmetic business actors who do not register their product distribution permits with BPOM and the solution. The research method used was normative juridical, with a descriptive analytical research specification. Obtaining data using secondary data through library research and interview techniques as a complement to secondary data which is then analyzed using descriptive qualitative methods. From the research results, it is concluded that the legal consequences for cosmetic business actors who do not register their product distribution permits with BPOM are administrative sanctions and criminal sanctions in accordance with Articles 45, articles 60 and 62 of the Consumer Protection Law Number 8 of 1999, Article 47 Paragraph (2) Regulation of the Food and Drug Supervisory Agency Number 12 of 2020, Article 20 of Minister of Health Regulation Number 1175 / Menkes / Per / XII / 2010 concerning Cosmetic Notifications, Articles 98, 106, 196 and 197, UUN Number 36 of 2009 concerning Health. The solution to this problem is that before distributing the cosmetic products it produces, business actors are required to register their products with BPOM in advance, so that there are no complaints, lawsuits and even criminal sanctions.           Keywords: Consumer Protection, Cosmetics, Distribution license, 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

Agustianti, Ria

DINAMIKA HUKUM 2020 Universitas Stikubank

Technology assistance is very helpful for community activities including financial institutions, such as the application of Fintech (Financial Technology). Fintech utilizes technology to improve banking and financial services performed by companies by utilizing software technology. Along with the development, Fintech began to have a negative impact, especially from the money loan service or Fintech Peer to Peer Lending (P2PL). the problem is how is the protection for debtors / customers, such as attempts to intimidate customers who have difficulty paying. The method used in this research is normative juridical, namely research based on secondary data, which is then analyzed qualitatively and presented in a qualitative form.Based on the research results, it can be concluded that protection for debtors or customers who feel disadvantaged can take 5 (five) ways, which are regulated in the Consumer Protection Law, OJK Regulation, ITE Law, BI and Government Regulations. Safeguards in the Consumer Protection Law are accommodated in Article 4. OJK's efforts, in collaboration with Kominfo and AFPI, are that if there is intimidation that is detrimental to the debtor, the debtor can submit a complaint report through the website page provided by the OJK and AFPI. Debtors can also report to the authorities. The ITE Law can be seen in Article 26 of the ITE Law. Efforts made by Bank Indonesia, namely BI to form the Bank Indonesia Fintech Office (BI-FTO) and recommend to follow the existing regulations in PBI No. 16/8 / PBI / 2014 and PBI No 18/17 / PBI / 2016 concerning Electronic Money (PBI E-Money).           Keywords: Financial Technology, Legal Protection, Debtor Efforts