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Josef Purwadi Setiodjati; Anggo Doyoharjo; Dora Kusumastuti

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This article aims to analyze the regulation of unfair contract terms from the perspective of civil law and to examine the issues and efforts to strengthen consumer protection in Indonesia. The main issue raised is how the legal construction of unfair clauses in standard contracts and the extent of regulatory effectiveness in protecting consumers from bargaining position imbalances. This research uses a normative juridical method with a legislative and conceptual approach, thru the analysis of the Civil Code, Law Number 8 of 1999 on Consumer Protection, as well as related regulations such as the Electronic Information and Transactions Law and the Personal Data Protection Law. The research results show that although Indonesian positive law has imposed restrictions on standard clauses that harm consumers, particularly thru Article 18 of the Consumer Protection Law, the practice of unfair contract terms still prevails due to weak law enforcement, low consumer literacy, and the dominance of business actors in contract drafting. Therefore, it is necessary to strengthen consumer protection thru regulatory harmonization, increased effectiveness of supervision and law enforcement, as well as the development of transparent and fair contracts. Thus, consumer protection is not only formal but also capable of ensuring substantive justice in contractual relationships

Eka Fitri Lestari; Khairudin Siregar; Ahmad Irham Tajhi; Sumarno Sumarno; Suci Ramadani

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The rapid development of corporate business activities in Indonesia has contributed positively to economic growth; however, it also has the potential to cause losses to consumers. In practice, corporations often engage in unlawful acts that harm consumers, including violations of consumer rights, the provision of goods and/or services that do not meet required standards, and actions that contravene statutory regulations. This study aims to analyze the forms of legal protection for consumers as well as corporate liability for unlawful acts committed by corporations. This research employs a normative legal method with statutory and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed qualitatively. The findings indicate that legal protection for consumers has been regulated in various laws and regulations, particularly the Consumer Protection Law; however, its implementation still faces several challenges, such as weak law enforcement, low consumer awareness, and the complexity of proving corporate liability as a legal subject. Furthermore, corporate liability may be imposed through civil, criminal, and administrative sanctions depending on the nature of the violation committed. In conclusion, strengthening regulations and more effective law enforcement are necessary to ensure consumer protection from unlawful acts by corporations. In addition, enhancing the role of supervisory institutions and public legal awareness is essential to create a balance between the interests of business actors and consumers.

Gina Sonia Kafiar

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Phishing is a form of cybercrime that has experienced a significant increase in frequency within Indonesia. This fraudulent practice aims to deceive victims into surrendering personal data or sensitive financial information by impersonating trusted institutions. Such crimes result in substantial losses for both individuals and the business sector, particularly concerning personal data protection and digital transaction security. This research aims to analyze the legal regulations and the role of supervisory institutions in addressing phishing threats in Indonesia using a normative legal research method. The legal analysis encompasses the implementation of the Electronic Information and Transactions Law (UU ITE), specifically Article 28, paragraph (1), and the Personal Data Protection Law (UU No. 27 of 2022), which serves as the primary foundation for privacy rights. Furthermore, this study examines the Consumer Protection Law and the Indonesian Criminal Code (KUHP) as enforcement instruments. The strategic roles of the Financial Services Authority (OJK) and Bank Indonesia (BI) are also discussed in the context of risk mitigation within the financial sector. The findings indicate that law enforcement effectiveness is still hindered by low digital literacy, limited forensic technology infrastructure, and jurisdictional challenges in tracking cross-border perpetrators. Consequently, a synergy between regulatory strengthening, international collaboration, and massive public education is required to comprehensively suppress these cybercriminal activities.

Ranti Fortuna Pertiwi

Jurnal Pengabdian dan Perubahan Sosial 2026 Lembaga Pengembangan Kinerja Dosen

In the digital era and free market, technology is growing rapidly. Consumers and businesses are now more inclined to use digital transactions rather than face-to-face cash transactions. This study aims to find solutions and receive feedback related to the implementation of the Consumer Protection Law in the Digital Era and Free Market. The method used in this activity is through counseling and discussion. From the results of this activity, it was concluded that Law No. 8 of 1999 concerning Consumer Protection needs to be updated immediately as it is no longer relevant to the current digital technology, which has advanced far and is different from the conditions in 1999 when the consumer protection law was issued. The results of this activity indicate that the Consumer Protection Law No. 8 of 1999 requires comprehensive updates to accommodate the development of digital transactions, personal data protection, and consumer rights in cyberspace. Furthermore, the importance of educating consumers about their rights in digital transactions is also a key focus, so that the public can avoid losses resulting from unsafe online transactions.

Meriskan Dwi Zalyanti; Ruliati Ruliati; Nurhayati Nurhayati; Rafli Ardiansyah; Ilham Ilham +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The rapid development of information technology has significantly increased the practice of online buying and selling as part of electronic commerce (e-commerce). One of the payment methods widely used in online transactions is cash on delivery (COD), in which payment is made by the consumer at the time the goods are received. Although the COD system provides convenience and a sense of security for consumers, in practice it often gives rise to legal problems, particularly unilateral cancellations by consumers. Such cancellations are frequently carried out after the goods have been shipped or have arrived at the destination address, resulting in material and non-material losses for business actors. This condition indicates an imbalance in legal protection between consumers and business actors in online transactions using the COD system. This study aims to analyze the mechanism of implementing the COD payment system in online buying and selling transactions and to examine the forms of legal protection available for business actors affected by unilateral cancellations by consumers. This research employs an empirical juridical method, also known as sociological legal research, with a field research approach to examine the application of law in practice, particularly in Jambi City. Data were collected through literature review and interviews and analyzed qualitatively. The findings of this study are expected to contribute to the development of legal regulation and to strengthen legal certainty and protection for business actors in online transactions.  

Ananda Clarissa; Ika Dwi Maya Roza; Ashira Naila Susanti; Devi Riani; Muthia Salsabila

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The rapid growth of digital transactions through marketplace platforms has driven significant changes in the consumption patterns of Indonesian society. Behind the convenience and efficiency offered, online transactions also pose various legal risks for consumers, including product mismatches, fraudulent practices, and weak personal data protection. This situation creates an urgency to assess the effectiveness of the implementation of consumer legal protection in digital transactions. This study aims to analyze the level of effectiveness of consumer legal protection in digital transactions in Indonesian marketplaces and to identify obstacles in its implementation. The method used is normative legal research with an approach based on legislation and literature studies, particularly on the Consumer Protection Law, the Electronic Information and Transactions Law, and Government Regulation Number 80 of 2019. The research results indicate that although a legal framework for consumer protection is normatively available, its implementation has not been optimal. This is influenced by low consumer legal literacy, weak supervision and law enforcement, unclear responsibilities between business actors and marketplace platforms, and the suboptimal personal data protection system. Therefore, there is a need to strengthen regulations that are adaptive to digital transactions, enhance the role of marketplace platforms, and develop effective online dispute resolution mechanisms to ensure protection and legal certainty for consumers.

Simanjuntak Simanjuntak; Maylisa Lisdiana

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The advancement of information technology has increased very rapidly, one of which can be seen from the use of cell phones as the main communication tool. However, this progress also creates a gap, for the emergence of cybercrime such as fraud through short messages or called Short Message Service (SMS). Fraud via SMS by offering prizes is one form of misuse of information technology that is increasingly prevalent in the digital era. This mode of fraud is often carried out because it takes advantage of the lack of public awareness of information security and tends to target individuals who do not understand how communication technology works. This article discusses how the mechanism of fraud carried out via SMS, the impact caused to victims, and how legal regulations in Indonesia handle prize fraud via SMS. This research uses normative research methods conducted through data collection from various references including journals and laws and regulations. This research is expected to provide a more comprehensive understanding of the role of law in tackling SMS-based fraud and offer solutions that can strengthen consumer protection in the digital era.

Mielda Khasanah; M. Sudirman; Mardi Candra

International Journal of Education and Literature 2025 Lembaga Pengembangan Kinerja Dosen

In social life, buying and selling are fundamental mechanisms for transferring rights, beginning with an agreement. According to Articles 1313 and 1338 of the Indonesian Civil Code, agreements are legally binding acts with the force of law for the parties involved. One high-value transaction is the sale and purchase of apartment units, which involves developers as sellers. In practice, developers often fail to deliver units within the agreed timeframe. This study examines (1) the developer’s responsibility toward buyers when units are not delivered and (2) the legal protection available for buyers under such circumstances. The research applies Hans Kelsen’s Theory of Responsibility and Satjipto Rahardjo’s Theory of Legal Protection, using a normative juridical method based on library research. Primary, secondary, and tertiary legal materials were analyzed through statutory, conceptual, analytical, and case approaches, employing grammatical and systematic interpretation, legal analogy, and legal refinement. Findings reveal that developers are primarily responsible for delivering fully paid units. Failure to fulfill this obligation, due to breach of contract or negligence, triggers legal liability in the form of performance or compensation. Legal protection for buyers ensures their rights are safeguarded, and even in cases of developer negligence or bankruptcy, consumers are legally entitled to receive the apartment units they have purchased.

Salsabila Adira Balqis

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study analyzes the practice of staple food price manipulation at Cik Puan Market in Pekanbaru, which is alleged to be carried out by a group of traders through stockpiling, supply coordination, and price regulation that could potentially cause market distortions. This phenomenon has led to unreasonable price increases in strategic commodities such as chili, onions, rice, cooking oil, and chicken, thereby negatively affecting consumers and regional economic stability. This research uses a normative juridical approach with descriptive qualitative analysis methods, supported by empirical data from local government reports, official news, and findings from trade department supervision. The results of the study indicate that these price manipulation practices are in violation of Articles 5, 11, and 19 of Law No. 5 of 1999 about Consumer Protection. This study emphasizes that the weak supervision of the supply chain in traditional markets, as well as the minimal coordination between agencies, causes price manipulation practices to continue repeatedly. It is necessary to strengthen law enforcement, ensure transparency in the distribution of basic necessities, and enhance the role of local governments and the KPPU in order to create stable, competitive, and fair prices for the public.

Muhammad Khaidir Kahfi Natsir; Dwight Nusawakan; Annisa Fitriah Mudassir; Abdul Malik Mufty

Jurnal Pengabdian dan Keberlanjutan Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Strengthening the capacity of Micro, Small, and Medium Enterprises (MSMEs) is a crucial step in enhancing competitiveness and sustainability in Indonesia, especially in rural areas such as Doyo Baru Village. Many MSME actors in this village face difficulties in understanding and fulfilling the legal aspects and permits required to operate their businesses legally and effectively. This research aims to provide comprehensive legal assistance to MSME actors, focusing on understanding regulations, licensing processes, and consumer rights. The methodology used in this research is a participatory approach that includes training, group discussions, and individual consultations. The results of this activity show a significant increase in the understanding of legal and licensing aspects among MSME actors, with 80% of participants reporting improved knowledge and confidence in facing legal challenges. Additionally, participants have started to apply the knowledge gained in their daily practices, such as business registration and consumer protection. The conclusion of this research emphasizes the importance of ongoing support for MSMEs to adapt to regulatory changes and improve their competitiveness in the market. It is hoped that this legal assistance program can serve as a model for other regions in efforts to empower MSMEs.

Donny Setha

Jurnal Pengabdian dan Solidaritas Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

The development of digital technology has brought about significant changes in people's transaction patterns, particularly with the increasing use of online platforms for buying and selling. This phenomenon provides convenience for consumers and merchants, but is also accompanied by a high rate of online fraud experienced by both consumers and merchants. This fraud can take the form of fraudulent transactions, goods not received, or identity fraud. Low public legal literacy regarding rights and obligations in digital transactions is one of the main causes of weak legal protection for fraud victims. Many consumers and merchants are unaware of their rights and the legal procedures to take when experiencing fraud. This community service activity aims to increase the legal understanding of the public, especially online merchants and consumers, regarding digital consumer protection and legal fraud handling mechanisms. The activity implementation methods included interactive legal counseling, distribution of closed-ended questionnaires, case study simulations, Q&A discussions on legal issues, and light consultations. A total of 60 respondents, consisting of 30 merchants and 30 consumers, participated in the closed-ended questionnaire. The results showed that the majority of participants did not fully understand their rights in digital transactions and were unaware of the legal procedures to take when experiencing fraud. Despite this, participant interest in legal education was very high, with over 75% stating they wanted further legal assistance. This activity is expected to provide the public with better insight into their rights and obligations in digital transactions, as well as raise awareness of the importance of legal protection in the digital age. This is expected to make the public more vigilant and protected from potential online fraud in the future. Furthermore, increased legal literacy is expected to create a safer and more trustworthy digital transaction ecosystem for all parties.

Kristina Murniati Beda

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

The Financial Services Authority (Otoritas Jasa Keuangan/OJK) plays a strategic role in ensuring the protection of consumer rights in the banking sector. Along with the increasing complexity of financial services, the potential for consumer rights violations has also risen, including misuse of personal data, administrative errors, and unfair dispute resolution. This study aims to analyze how OJK’s supervisory functions in safeguarding consumer rights in the banking sector can be effectively implemented. A socio-juridical method was used, employing legislative approaches, conceptual analysis, and case studies. Theories applied include legal liability theory, consumer protection theory, and banking supervision theory. Data were obtained from legal documents, OJK annual reports, and interviews with relevant parties. The findings indicate that although OJK has adequate supervisory instruments, such as administrative sanctions and consumer complaint systems, implementation still faces challenges, including limited human resources, lack of consumer education, and resistance from some banking institutions to strict supervision. This study implies that strengthening OJK’s institutional capacity and enhancing collaboration with banking institutions are necessary to ensure effective consumer rights protection.

Dhea Salsa Fadhila; Rahma Rini Khalisa Firdausi; Chammelia Annastasya Melati; Arifa Sholekhah; Sofia Nurul Toyiba +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The policy default case by PT Asuransi Jiwasraya caused widespread unrest among the public and became an important precedent in assessing the effectiveness of legal protection for consumers in the financial services sector, especially life insurance. This research aims to analyze the form of legal protection provided to consumers, identify the regulations governing it, and evaluate the role of the Financial Services Authority (OJK) in supervising and handling the default case. The method used is a normative juridical approach by analyzing laws and regulations, legal doctrines, and court decisions, and supported by literature reviews from various scientific journals. The results show that although the regulatory framework governing consumer protection in the insurance sector is quite complete, such as Law Number 40 of 2014 concerning Insurance and Law Number 8 of 1999 concerning Consumer Protection, its implementation is still weak. OJK's role as a supervisor has proven to be not optimal, both in early detection of Jiwasraya's financial crisis and in taking action against violations of the prudential principle by company management. The conclusion of this study states that legal protection of consumers in the Jiwasraya case has not been functionally effective, and needs to be strengthened through supervisory reform and regulatory improvement. This research is expected to contribute to the formulation of policies and the improvement of the consumer protection system in the future.  

Ismaidar Ismaidar; Rifqi Fairuz Ula

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The leakage of consumers' personal data by irresponsible corporations has become a serious issue in the digital era, particularly in the context of data protection in Indonesia. This paper analyzes corporate criminal liability for such data breaches from the perspective of Indonesian cybercriminal law. The study adopts a normative legal approach through literature review of relevant legislation, legal doctrines, and court decisions. The findings indicate that corporations may be held criminally liable if proven negligent or if they fail to fulfill their data protection obligations under the Electronic Information and Transactions Law (ITE Law). Although a legal framework already exists, proving the elements of fault and direct involvement of corporate executives remains a significant challenge. Therefore, there is an urgent need for strengthened technical regulations and stricter law enforcement to ensure the protection of consumer rights in the digital sphere.

Ketut Yuli Widiasari

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

In ever-evolving era of e-commerce, the Cash on Delivery (COD) Check First feature implemented by Shopee provides a practical solution for consumers who want to ensure security while shopping online. This feature allows buyers to inspect the condition of the product directly before deciding to make a payment. With this feature, consumers can verify that the item received matches the description listed on the platform, thus reducing the risk of fraud or product discrepancies. The transaction security offered through this system is one of the key aspects in increasing consumer trust in e-commerce platforms. This research aims to examine how the COD Check First feature provides additional protection for consumers in e-commerce transactions, particularly concerning the potential risks of fraud or product discrepancies that are common in online trade. This feature gives buyers more control to ensure that the received goods meet their expectations and the product description. Therefore, COD Check First not only facilitates the transaction process but also strengthens consumer protection, making it a relevant mechanism to minimize buyer dissatisfaction in e-commerce, especially in Indonesia.

Rohmatul Jannah; Keisya Oktavia Afida Denna; Theo Galih Prayudha; Deriel Pratama Putra; Riyan Destra Dwi Ardianto +4 more

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

The urgency of consumer protection in Sharia-compliant transactions has become increasingly prominent alongside the growth of the halal industry and rising public awareness of transactional justice based on Islamic principles. This study aims to formulate the theoretical and normative construction of consumer protection within the framework of Islamic law and to assess its compatibility with Indonesia’s positive legal system. Employing a normative juridical approach combined with a descriptive-analytical method, this research explores primary legal sources including Qur’anic verses, the hadiths of Prophet Muhammad (PBUH), and scholarly opinions found in classical and contemporary fiqh al-mu‘āmalāt literature, as well as secondary legal sources such as Law Number 8 of 1999 on Consumer Protection, fatwas of the National Sharia Council (DSN-MUI), and relevant academic literature. The analysis is conducted through content analysis to extract the values of justice, transparency, and balance of rights and obligations within contractual mechanisms. This study finds that core principles such as truthfulness (ṣidq), disclosure (bayān), and justice (‘adālah) constitute the essential foundation of consumer protection in the Islamic legal perspective. The prohibition of gharar (uncertainty), riba (usury), and tadlīs (fraudulent misrepresentation) is not merely a moral injunction but an integral safeguard mechanism for consumer rights. Furthermore, the institutional presence of supervisory bodies such as DSN-MUI and Sharia certification mechanisms has proven to be strategic, though they continue to face challenges in implementation, socialization, and consumer literacy. The findings also indicate a substantial opportunity for harmonizing Islamic legal principles with the national legal system within the framework of maqāṣid al-sharī‘ah. Therefore, this study recommends strengthening sectoral regulations based on Sharia principles, integrating fatwas into positive legal norms, and enhancing educational capacity for both business actors and consumers in order to realize ethical, equitable, and sustainable transactions.

Aulia Lorenza; Elia Sazeti; Syarifah Widia

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

This study examines the legal responsibility of producers for the circulation of hazardous food products through a strict liability approach, with a case study on the Okko Bread product which was proven to contain sodium dehydroacetate (NDA)—a substance prohibited for use in bread based on BPOM regulations. The research method used is normative empirical, namely combining analysis of laws and regulations, especially Law Number 8 of 1999 concerning Consumer Protection, with empirical facts from the findings of the Food and Drug Supervisory Agency (BPOM) and the responses of producers. The results of the study show that producers do not fully carry out their legal obligations, both in terms of information transparency and responsibility for consumer losses. The application of the strict liability principle still faces obstacles in implementation, mainly due to weak supervision, low legal awareness of producers, and minimal consumer literacy. These findings indicate the need to strengthen regulations, increase legal sanctions, and educate the public so that the principle of absolute liability truly provides fair protection for consumers. This study emphasizes the importance of integration between law enforcement, business ethics, and the active role of society in creating an effective and sustainable consumer protection system.

Siti Balqis Alayya; Syifa Maura Adinda; Rani Bela Septia; Sintong Arion Hutapea

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Consumer protection is a crucial aspect in the face of rapid economic development and increased industrial competition, including in the bottled water sector. The Aqua product packaging defect case in Semarang in July 2017 is a clear example of weak quality control and the importance of producer accountability. Defects such as bottle caps that can be pried off without breaking the seal create uncertainty over product safety and reduce consumer confidence. Law No. 8/1999 on Consumer Protection provides a strong legal basis for consumers to obtain safe products and claim compensation for losses due to defective products. Manufacturers have an absolute responsibility to ensure product safety through the implementation of strict quality control systems, early detection of physical defects, and digital tracking for product recalls if necessary. In addition, consumer education and optimization of public complaint media are important parts of the consumer protection system. With a comprehensive preventive and corrective approach, risks due to defective products can be minimized, and public trust in the industry can be maintained.

Thiara Octaviani Putri; Muhamad Farudin

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The rapid growth of e-commerce has increased the urgency of personal data protection, especially in cases of corporate bankruptcy. Legal uncertainty regarding the status of personal data in bankruptcy assets poses privacy risks. This study examines regulatory gaps in the Bankruptcy and PKPU Law (UU KPKPU) and the Personal Data Protection Law (UU PDP) concerning consumer personal data protection in bankrupt e-commerce companies. This research employs a normative juridical method by analyzing applicable legal norms. This approach reviews legislation, jurisprudence, and other legal documents to understand and evaluate the legal application of personal data protection in e-commerce bankruptcy. The study finds that personal data protection remains a legal obligation for bankrupt e-commerce companies under the UU PDP. However, legal gaps in the UU PDP and UU KPKPU regarding bankruptcy require regulatory harmonization to safeguard consumer privacy rights.

Putri Melati Nur Hidayah; Anjar Sri Ciptorukmi Nugraheni

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

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