Publication Search

The practice of adulterating RON 92 (Pertamax) fuel has the potential to violate consumer rights and is contrary to applicable laws and regulations. The practice of mixing lower-quality fuel and then marketing it as RON 92 results in material and immaterial losses for users, including reduced vehicle performance and a loss of trust in business operators. This research aims to analyze the legal protections available to consumers regarding the practice of adulterating fuel based on Law Number 8 of 1999 concerning Consumer Protection and related provisions in Law Number 22 of 2001 concerning Oil and Gas. The research method used is normative legal research with a library research approach, through analysis of relevant laws and regulations, scientific literature, and secondary legal sources. The results indicate that the practice of adulterating fuel violates consumers' rights to comfort, security, safety, and accurate information as stipulated in Article 4 of the Consumer Protection Law, and violates the obligations of business actors as stipulated in Articles 7 and 8 of the Consumer Protection Law. Business actors can be held accountable for civil damages, dispute resolution through the Consumer Dispute Resolution Agency (BPSK), or subject to administrative and criminal sanctions in accordance with the Oil and Gas Law. Therefore, legal protection for consumers in cases of fuel adulteration requires an interconnectedness between effective government oversight, firm law enforcement, business actor accountability, and increased consumer legal awareness to ensure legal certainty and fairness in trade activities.

The rapid development of communication technology has spurred public demand for smartphones, particularly iPhones, seen as a symbol of prestige and advanced technology. This high demand has been exploited by unscrupulous business actors who distribute parallel import (black market) iPhones that are not officially registered, posing risks to consumers. This study examines the legal protection procedures for consumers, the legal standing of consumers in black market iPhone transactions, and the liability of business actors under Law Number 8 of 1999 concerning Consumer Protection (UUPK). Using a normative legal research method, the study employs statutory and conceptual approaches, analyzing primary, secondary, and tertiary sources. The findings indicate that consumer protection can be achieved through preventive measures such as public education and information transparency, and repressive measures via dispute resolution mechanisms, both in court and through the Consumer Dispute Settlement Agency (BPSK). Consumers' legal rights are acknowledged, though they remain vulnerable due to the purchase of illegal goods. Business actors may be held liable for product liability, including the obligation to provide accurate information and face sanctions. In conclusion, consumer protection in black market iPhone transactions remains insufficient, and stronger enforcement is necessary.

This research aims to analyze legal protection for consumers related to the use of standard clauses in e-commerce transactions in Indonesia. The rapid growth of the digital economy has encouraged the widespread application of “take-it-or-leave-it” contracts, which often include exoneration clauses that place consumers in a disadvantaged position. This study employs a normative legal research method using a statutory approach to examine the conformity of such clauses with existing consumer protection regulations. The findings reveal that many digital platforms continue to apply standard clauses that unilaterally transfer liability to consumers, which contradicts Article 18 of Law Number 8 of 1999 concerning Consumer Protection. As a result, these clauses are legally invalid and have no binding force. Consumer legal protection is implemented through preventive measures in the form of government supervision of business actors, as well as repressive measures through legal remedies and dispute resolution mechanisms provided by the Consumer Dispute Resolution Agency (BPSK). These mechanisms aim to ensure fairness and balance of interests between business actors and consumers in e-commerce transactions.

Digital transformation has transformed the tourism promotion landscape through social media, travel marketplaces, and user-experience-based content. Visual, interactive, and rapidly disseminating digital information shapes destination images and influences traveler decisions. However, the lack of digital promotion standards allows for misleading promotional practices, visual manipulation, false testimonials, and exaggerated claims that have the potential to harm tourism consumers. This study aims to analyze the synchronization between the Electronic Information and Transactions Law (UU ITE) and the Tourism Law in overseeing digital tourism promotion. This study uses a normative juridical method with a legislative approach and a literature review of academic documents and related news. The research findings show that while both laws share the same goal of ensuring accurate and non-misleading information, neither provides specific technical standards for digital promotion. The ITE Law is general and does not specifically regulate tourism promotion, while the Tourism Law was drafted before social media became a primary tool for destination marketing. This has resulted in regulatory gaps and fragmented authority between the Ministry of Communication and Informatics, the Ministry of Tourism and Creative Economy, BPKN, and BPSK. This research recommends the establishment of derivative regulations related to digital promotion, ethical content standards, advertising transparency, and an integrated cross-agency oversight mechanism to protect tourism consumers in the digital space.

Legal protection for consumers is a crucial element in the legal relationship between business actors and the public, particularly in high-risk service sectors such as gas stove repair services. In practice, many consumers still experience losses due to negligence by service providers, whether caused by inadequate technical handling or insufficient information regarding the condition of the stove after repairs. This study aims to identify and analyze the forms of legal protection available to consumers who suffer losses as a result of such negligence, as well as to determine the types of legal liability that may be imposed on gas stove repair service providers. Using a normative legal research method, this study applies both legislative and conceptual approaches. The legislative approach examines relevant laws and regulations concerning consumer protection, while the conceptual approach analyzes legal principles and expert doctrines related to liability. The findings indicate that consumer protection is provided in two forms: preventive protection, which ensures product and service safety in accordance with Indonesian National Standards (SNI), and repressive protection, which is implemented through enforcement mechanisms such as claims for compensation or dispute resolution through the Consumer Dispute Settlement Agency (BPSK) or the courts. Business actors who commit negligence in providing repair services can be held legally responsible based on the principles of negligence or strict liability. To strengthen consumer protection, the study recommends the establishment of derivative regulations concerning technician certification, standardized repair service procedures, and integrated supervision of safety compliance within the gas stove repair service industry.

Insurance is a service designed to prevent or mitigate various potential risks. The Consumer Dispute Settlement Agency (BPSK) is authorized to resolve consumer disputes through three alternative methods: arbitration, conciliation, and mediation. This study aims to analyze the legal force of mediation outcomes and to identify and examine the obstacles encountered in the implementation of insurance dispute resolution through BPSK mediation. This research employs a normative legal method with a statutory approach through literature review. The analysis is conducted qualitatively based on legal regulations and principles. Data is sourced from primary, secondary, and tertiary materials, and the process consists of three stages: formulation, analysis, and conclusion. The findings indicate that although BPSK’s authority is limited, its decisions are final and binding, and mediation agreements remain legally valid. If no objection is filed, the agreement must be implemented, with criminal consequences for non-compliance. However, the effectiveness of consumer dispute resolution remains hindered by weak legal force, limited regulatory framework, institutional capacity constraints, and potential external intervention.

Consumer dispute resolution in Indonesia is an increasingly relevant issue, considering the high dynamics of transactions that occur in the goods and services sector, including in the property sector. Consumers, as the weaker party in business transactions, often face problems related to the quality of goods/services received, delays, unilateral cancellations, or even failure in property development. Therefore, resolving consumer disputes is very important and requires adequate legal protection. This type of research is normative juridical research. Normative research is literature research by examining theoretical approaches and concepts that examine consumer disputes. Normative juridical research is legal research that places law as a building system of norms. Problems arise when consumers in good faith have paid all Down Payment obligations, but the business actor actually takes a unilateral decision to cancel the apartment construction project. Consumers who have invested funds amounting to IDR 307,530,900 are trying to get a refund, but the business actor does not show responsiveness and good faith in the refund process. This situation finally forced consumers to take legal action by filing a lawsuit with BPSK Medan City on December 5 2022. This case is a clear example of the application of consumer protection and the importance of BPSK as an alternative for resolving disputes outside of court. This decision also reflects the principles of justice and legal certainty in consumer disputes, where agreed consumers can obtain their rights through an arbitration mechanism.

The standard agreement for the delivery of goods whose contents or clauses are made by business actors to avoid losses on another day and consumers only have the choice to accept or reject, thus making the position of business actors stronger while consumers are weakened. The UUPK itself does not prohibit the existence of an exoneration clause as long as it does not violate article 18 of the UUPK. The type of research is field research or Empirical Juridical research is carried out by starting from primary data obtained from the research site, the data collection technique is through literature studies and analyzed in a qualitative way, which is a discussion that is carried out by combining literature research and field research. The results of the research obtained in the study show that consumers have been protected by Law No. 8 of 1999 concerning Consumer Protection, If a dispute occurs and a family settlement has been carried out but there is no result or no peace occurs, then consumers can take legal action as stipulated in articles 24 and 25 of the UUPK regarding how the responsibility of business actors, in the resolution of consumer disputes is protected by article 45 of the UUPK concerning dispute resolution. Dispute resolution can be done through the court and out of court, out-of-court dispute resolution can be done by filing a claim for compensation or through the consumer dispute resolution agency (BPSK). As a legal consequence that occurs if there is a clause in the standard agreement that is null and void, even though the standard agreement containing an exoneration clause has been agreed before, the agreement cannot be considered valid because it contradicts one of the contents of article 1320, which is a halal cause, due to the transfer of responsibility.  

This study addresses the legal responsibility of carriers for the loss or damage of goods during road transportation, as stipulated in Law Number 22 of 2009 concerning Traffic and Road Transportation (UU LLAJ). Article 193 of UU LLAJ obliges carriers to provide compensation for any loss incurred during transportation, except in cases of force majeure or third-party negligence. The study also explores the application of breach of contract (wanprestasi) and strict liability principles as the legal foundation for carrier accountability. However, the practical implementation of these regulations often faces challenges, including unclear contractual clauses on liability, difficulties in proving carrier negligence, and slow or inefficient dispute resolution mechanisms. To address these issues, the study proposes strategic measures such as regulatory revisions to clarify carrier liability boundaries, the establishment of standardized transportation contracts, enhanced legal education for stakeholders, strengthened non-litigation mechanisms like mediation and the Consumer Dispute Resolution Agency (BPSK), and the optimization of insurance to mitigate risks. These recommendations aim to foster a more efficient, reliable, and legally protective transportation system for all stakeholders involved.

Settlement of banking disputes through BPSK in the protection of banking customers is a legal defect because it is the authority of the Alternative Dispute Resolution Institution for the Financial Services Sector, BPSK is more appropriate for consumer disputes within the scope of industry and trade. The formulation of the problem in this thesis is how is the legal regulation of consumer protection for banking institutions, how is the settlement of banking disputes through alternative institutions in customer protection, and how are the judges' legal considerations in the Supreme Court Decision of the Republic of Indonesia Number 253 K/Pdt.Sus-BPSK/2017. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that legal regulation of consumer protection for banking institutions is regulated in Law Number 21 of 2011 and Financial Services Authority Regulation (POJK) Number 1/POJK.07/2013 in conjunction with Number 1/POJK.07/2014. Settlement of banking disputes through alternative institutions in customer protection is settlement by Arbitration between bank customers and the banking sector is the authority of the Alternative Dispute Settlement Institution for the Financial Services Sector. The judge's legal considerations after carefully examining the memorandum of cassation dated December 7, 2016 and the counter memorandum of cassation dated December 28, 2016 are related to Judex Facti's considerations, in this case The Kisaran District Court is not wrong in applying the law because the a quo case is a breach of contract that originates from a credit agreement.

Objective: analyze the modulation scheme that can intelligently select the appropriate modulation model for service conditions to obtain a high Signal to Noise Ratio, as well as throughput efficiency on wireless networks through the DNN approach. Method: this study uses simulations with the Python language, through AI-Driven on BPSK, QPSK, 16-QAM, and 64-QAM modulation, to determine the SNR and Quality of Service (QoS) produced, both through conventional approaches and Deep Neuro Network (DNN). Researh Finding: AI-Driven modulation used for Cognitive Cellular Networks (CCN), through Deep Neuro Network designed to intelligently classify and select the appropriate modulation model to be applied, shows significant improvement in throughput efficiency, QoS and has the ability to adapt to the environment in dynamic networks. Conclussion: AI-Driven using Deep Neuro Network is able to dynamically adapt to determine the selected modulation model, according to the user's environmental conditions, increase spectrum efficiency and throughput, and increase SNR which can automatically increase the efficiency of network usage.

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

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.         

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.

A situation that is very unbalanced between consumers and business actors is a big potential that can lead to disputes between consumers and business actors. The government has issued laws that regulate consumer protection, in particular Law Number 8 of 1999 concerning Consumer Protection. The goal is to provide protection to consumers. This research is intended to: (1) to find out the role of the Consumer Dispute Settlement Agency (BPSK) in resolving Finance disputes (2) to find out what are the obstacles faced by the Consumer Dispute Settlement Agency (BPSK) in resolving Finance disputes. This research uses the type of empirical legal research, using a literature approach and research in the field. The sources of legal materials used are primary legal materials and secondary legal materials.The results of the study show that first, the Gorontalo City Consumer Dispute Settlement Agency (BPSK) has carried out its role, totaling 11 (eleven) of which is resolving consumer disputes in 3 (three) ways, namely mediation, conciliation and arbitration, opening consultations on consumer protection, if there is a violation the Consumer Protection Act (UUPK) the Consumer Dispute Settlement Agency (BPSK) is required to report to investigators, the Consumer Dispute Settlement Agency (BPSK) is required to receive complaints in writing or in writing, the Consumer Dispute Settlement Agency (BPSK) is tasked with conducting inspections and research related to consumer disputes, BPSK summons business actors suspected of violating the Consumer Protection Act (UUPK), the Consumer Dispute Settlement Agency (BPSK) has the right to present expert witnesses, witnesses or someone who is deemed to know of violations of the Consumer Protection Act (UUPK), examine the truth evidence, ascertaining whether or not there is a loss on the part of the consumer. The second research result is, What obstacles are faced by BPSK Gorontalo City in resolving Finance disputes in Gorotanlo City, these obstacles are divided into two parts, namely Internal and External. For internal ones, there is an inclusion of a standard clause, asking for help from investigators to summon business actors who do not want to attend invitations from the Gorontalo City Consumer Dispute Settlement Agency (BPSK), finally, financial constraints, namely the Gorontalo City Consumer Dispute Settlement Agency (BPSK) still cannot manage their funds in grants (self-managed).

The position of business actors and consumers often becomes unequal. Consumers are often the object of business activity to get the maximum profit by business actors and in the end the consumer becomes the aggrieved party. Cases of business actors harming consumers are found in BPSK Garut Regency Decision Number 18/Pdt.S-Brg/BPSK-GRT/IX/2020 regarding the sale of expired vegetable cheese wafers at the Asia Garut Department Store. In this case, there were legal issues regarding BPSK's authority and the judge's considerations in deciding compensation. The research objective is to determine whether BPSK has the authority to decide this case; and analyzing the judges' considerations in the BPSK Decision of Garut Regency Number 18/Pdt.S-Brg/BPSK-GRT/IX/2020 in deciding compensation. This study uses research methods with a normative juridical approach based on applicable legal concepts and theories. Based on the research results, it can be concluded 2 (two) things. First, the settlement process in this case has not provided legal certainty because the choice of dispute resolution method is directly determined by the Garut Regency BPSK Assembly and not based on the agreement of the parties to the dispute and this case should have been tried at the District Court after mediation failed. Second, the Garut Regency BSPK Assembly has not been right in deciding on compensation because the Assembly has confused the duties and responsibilities of producers and supermarkets and does not understand the intent of Article 52 letter (k) of the Consumer Protection Act.

Konsumen memiliki risiko yang lebih besar daripada pelaku usaha, dengan kata lain hak-hak konsumen sangat rentan. Hal ini disebabkan karena posisi tawar konsumen yang lemah, maka hak-hak konsumen sangat riskan untuk dilanggar. Hal ini dikemukakan oleh Edmon Makarim pada buku hukum perlindungan konsumen.  Terhadap posisi konsumen tersebut, ia harus dilindungi oleh hukum, karena salah satu sifat, sekaligus tujuan hukum adalah memberikan perlindungan (pengayoman) kepada masyarakat. Perlindungan kepada masyarakat tersebut harus diwujudkan dalam bentuk kepastian hukum yang menjadi hak konsumen. Dari latar belakang masalah diatas maka didapat perumusan masalah dalam penelitian ini adalah sebagai berikut :(1).Bagaimana kekuatan hukum putusan Badan Penyelesaian Sengketa Konsumen (BPSK)? (2). Apakah putusan Badan Penyelesaian Sengketa Konsumen (BPSK) dapat dilaksanakan eksekusinya? (3). Adakah hambatan yang muncul saat pelaksanaan eksekusi? Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif. Dalam pendekatan yuridis, hukum dilihat sebagai norma atau das sollen, karena pendekatan yuridis merupakan suatu pendekatan yang mengacu pada hukum dan peraturan perundang-undangan yang berlaku.  Sedangkan pendekatan normatif dipergunakan untuk menganalisis hukum sebagai suatu perangkat aturan perundang-undangan yang bersifat normatif. Berdasarkan hasil penelitian yang telah dilakukan, maka dapat diambil kesimpulan dari hasil penelitian tersebut sebagai berikut : (1). Putusan BPSK yang diambil berdasarkan penyelesaian konsiliasi dan mediasi tidak memiliki kekuatan hukum. Sedangkan penyelesaian melalui arbitrase adalah yang memiliki kekuatan hukum.(2).Berdasarkan ketentuan Pasal 57 UUPK, pelaksanaan eksekusi putusan BPSK dilakukan dengan melalui penetapan putusan BPSK. BPSK tidak memiliki kekuasaan untuk melaksanakan eksekusi putusannya sendiri, sehingga diperlukan penetapan Pengadilan Negeri atas putusan arbitrase BPSK. (3).Hambatan yang muncul saat pelaksanaan eksekusi antara lain adalah BPSK berpendapat bahwa seharusnya konsumenlah yang mengajukan permohonan penetapan eksekusi kepada pengadilan negeri. Selain itu ada kerancuan dalam sisi aturan, dimana jika dalam permintaan pengesahan Pengadilan Negeri atas putusan arbitrase BPSK didapati adanya upaya hukum keberatan, maka Pasal3 UU No. 30 Tahun 1999 menyebutkan bahwa pengadilan negeri tidak berwenang untuk mengadili sengketa para pihak yang telah terikat dalam perjanjian arbitrase. Sementara pada Pasal 56 Ayat (2) UUPK membuka peluang pengajuan keberatan kepada pengadilan negeri terhadap putusan arbitrase yang dikeluarkan oleh BPSK. UU No . 30 Tahun 1999 Tentang Arbitrase dan Alternatif Penyelesaian Sengketa.