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Dandy Saputro; Rosita Candrakirana

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

The practice of dentists in Indonesia is an important concern in the health care system, especially regarding consumer protection. Dentists often provide services that exceed the limits of their authority, potentially endangering public health. This article aims to analyze the urgency of legal protection for consumers of health services in dental practices based on a normative perspective and the implementation of applicable regulations. This research uses normative juridical methods with statutory, conceptual and case approaches. The research results show that even though there are regulations such as Law no. 8 of 1999 concerning Consumer Protection and Minister of Health Regulation no. 39 of 2014, implementation is still less effective. This is caused by weak supervision, minimal public knowledge regarding consumer rights, and non-compliance by some dentists with regulations. Therefore, it is necessary to strengthen regulations, increase supervision by the government, and educate the public to realize optimal legal protection for consumers of health services.

Elisabeth Saragih; Yasmirah Mandasari Saragih; MH Fauzan; Lasma Sinambela; Kaaisar Romolus Deo Sianipar

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the effectiveness of consumer protection law implementation in Indonesia, particularly through a case study approach on disputes between consumers and business actors. The research employs a qualitative method with normative and empirical juridical approaches. Data were obtained from legal documents, case reports, and interviews with relevant stakeholders. The findings reveal that although consumer protection regulations are comprehensive, their implementation faces challenges, such as low public legal awareness, weak law enforcement, and insufficient support from consumer protection institutions. This study recommend strengthening legal education, increasing the capacity of relevant institutions, and simplifying dispute resolution mechanisms.

Deski Bertolens Tungga; Thelma S.M Kadja; Heryanto Amalo

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to data obtained from the Food and Drug Supervisory Agency (BPOM), the total number of illegal cosmetics and/or containing prohibited/dangerous ingredients during the period from October 2021 to August 2022 was more than 1 million pieces with an economic value of IDR 34.4 billion. BPOM also followed up on findings based on reports from several drug and food supervisory authorities in other countries. Based on the report, as many as 46 (forty-six) cosmetics were withdrawn from circulation because they contained prohibited ingredients, microbial contamination, or were counterfeit cosmetics. During the same period, BPOM also carried out cyber patrols. This cyber patrol was carried out on website, social media, and e-commerce platforms to trace and prevent the circulation of illegal cosmetics and BPOM found and blocked (takedown) 83,700 links to the sale of illegal cosmetic products and containing prohibited/dangerous ingredients with a total product amount of 6.5 million pieces and an economic value of Rp 296.9 billion. This proves that there are still many illegal cosmetic products that contain harmful ingredients and do not have a distribution permit.  This research is a normative legal research supported by a statutory approach (statute approcach) which uses secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials that collect laws and regulations related to the legal issues at hand, case studies, collecting books, journals, dictionaries and other related literature. The legal materials that have been successfully collected are analyzed, namely description, interpretation, evaluation and systematic. The results of this study show that (1) Based on the form of consumer protection from the criminal aspect, there are five forms of consumer protection, namely: Protection against Unsafe Products; Fraud and Fraud Violation of Clear and Correct Information; Violations of Consumer Rights; Abuse of Power or Dominant Position, as well as unfair business practices. Criminal sanctions aim to provide a deterrent effect to business actors who harm consumers. (2) Based on the perspective of criminal law, the actions of DM business actors who have circulated illegal cosmetics without a distribution permit in decision number 572/Pid.Sus/2022/PN Smr, violate the provisions of Article 197 of Law Number 36 of 2009 concerning Health, which has affirmed that every person who deliberately produces and/or distributes pharmaceutical preparations and/or medical devices without having a distribution permit as mentioned in Article 106 paragraph (1) is criminally punished imprisonment for a maximum of (fifteen) years and a maximum fine of Rp.1,500,000,000,- (one billion five hundred million rupiah).

Muhammad Ali Hadidie Parinduri

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

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.

Glaidy Angelina Nayoan; Nur Mohamad Kasim; Zamroni Abdussamad

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Due to the quick advancement of digital technology, online purchasing and selling has become easier. Online transactions do, however, come with a number of drawbacks, including fraud, mismatches between products and their descriptions, and privacy violations. With reference to Law Number 8 of 1999 on Consumer Protection, the purpose of this study is to examine the legal safeguards that Indonesian consumers have when making purchases online. The study's results, which were obtained using a normative juridical research methodology with an emphasis on statutory regulatory analysis, indicate that while the Consumer Protection Law creates a basic legal framework, more oversight and regulations are necessary to ensure its greater efficacy when applied in the digital sphere.

Maria Grezhella Rihi; Agustinus Hedewata; Helsina Fransiska Pello

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

Development of the era in field of trade and industry has led increasingly advanced and innovative products and services created and used by the community. In the era of free trade, export and import opportunities are wide open and have an impact on the entry of products legally or illegally. This study aims to determine the reasons why consumers/victims of the use of cosmetics containing hazardous materials are reluctant to report to BPOM and to determine the form of legal protection for consumers who are harmed due to using cosmetics containing hazardous materials reviewed from Law No. 08 of 1999 concerning Consumer Protection. Aspects that influence consumers not to report cosmetic brands using hazardous materials to BPOM are, consumer reluctance to use cosmetics with hazardous materials comes from combination of individual health problems, increased knowledge and awareness, ethical considerations, trust in regulations, and the influence of social and environmental factors. The circulation of cosmetic products containing hazardous materials will harm consumers, in this case business actors have certainly violated the Consumer Protection Law. These forms of legal protection create a just and orderly society by balancing individual freedom with the need for regulation and protection against various potential losses.

Carla Nggeolima; Siti Ramlah Usman; Yossie M.Y. Jacob

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the legal protection for consumers against the circulation of children's syrup drugs that cause acute kidney failure in BPOM Kupang City. This study is an empirical legal research that is analyzed in a qualitative descriptive manner using primary data and secondary data obtained from interviews and literature studies. The results of this study show (1) legal protection for consumers over the circulation of children's syrup drugs, which causes acute kidney failure which is known that consumer protection in Indonesia currently according to researchers is still not running well. (2) the responsibility of the Food and Drug Supervisory Agency in providing protection for children's syrup drugs that cause acute kidney failure which is known to indicate that BPOM's task of supervising drugs is not effective because there are still many cases of dangerous circulation of children's syrup drugs.

Rosianna Evanesa Sihombing; Made Gede Subha Karma Resen

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

This research aims to analyze consumer protection in e-commerce in Indonesia, focusing on the obstacles in implementing consumer protection regulations in e-commerce in Indonesia. It also aims to analyze and evaluate the challenges related to compliance and oversight in the application of consumer protection regulations. In the digital era, e-commerce transactions have rapidly evolved, but this has also led to various consumer protection issues, such as fraud and a lack of transparency. For that reason, appropriate regulations are needed to protect consumers. This research employs a normative-descriptive research method, utilizing both the statute approach and the conceptual approach. The author uses the statute approach to analyze the applicable laws related to e-commerce and consumer protection, while the conceptual approach is used to explore the ideal concept of consumer protection in the context of digital transactions. The research results indicate that although regulations related to e-commerce are in place, the main challenge lies in the less-than-optimal implementation and oversight. Obstacles such as a lack of human resources and monitoring technology, as well as the complexity of cross-border jurisdictions, are factors that complicate effective consumer protection. Therefore, there is a need for efforts to improve legal infrastructure and stricter oversight to ensure that consumer rights are protected within the e-commerce ecosystem in Indonesia.

I Gusti Made Darwin Damareksa Putra; Dewa Gede Pradnya Yustiawan

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

This research is intended to examine and gain a deep understanding of the different types of legal protections applicable to online game account transactions affected by fraud and scams, both prior to and following the establishment of agreements, by referring to the current laws and regulations in Indonesia. The scope of this legal protection includes preventive measures as well as the reinstatement of consumer rights in transactions impacted by fraud or scams, within the framework of national law. The study aims to clarify the various forms of legal protection available to consumers and the legitimacy of online game account transactions according to Indonesian law. Furthermore, the research explores the processes involved in online game account transactions and the definitions and features of scams and fraud from both civil and criminal legal perspectives. It also integrates various pertinent laws, including the Consumer Protection Law, the Information and Electronic Transactions Law, the Civil Code (KUHPerdata), and the Criminal Code (KUHP), along with recent updates to the newly established Criminal Code.

Stefanus Edwin Ferdianto L; Dewa Gede Pradnya Yustiawan

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to find out efforts to provide legal protection to consumers who experience losses due to business actors, namely elements that are irresponsible, act recklessly and arbitrarily so that it causes harm to consumers, clearly violates and is not in accordance with applicable laws and regulations. apply and regulations. Law Number 8 of 1999 concerning Consumer Protection (UUPK) which regulates how consumer rights must be fulfilled and the obligations of corporate actors must be carried out in accordance with what has been regulated in it, applies in Indonesia and regulates customers. The perfect example of an online retailer or marketplace that operates honestly, straightforwardly and correctly is PT Grab Toko Indonesia (Grabtoko). As a business actor who has the responsibility to enforce his agreement with customers, Grabtoko does not carry out this commitment properly. It has been determined that Grabtoko is deceiving people who fall for the fake news ads it offers in its advertisements. The fraudulent activities carried out by Grabtoko have fulfilled the fraud requirements stipulated in the UUPK, including default, use of internet-based electronic media in transactions, loss of one party, and incompatibility of trading goods with representatives of the parties. 

Aris Surya Muzakki; Suraji Suraji

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia has a large population of internet users, with more than 175 million active internet users in 2021 to 2024. This provides a strong foundation for the development of social media in the country. The increasing use of smartphones in Indonesia also has an impact on the development of social media and online buying and selling (e-commerce). The Indonesian government has issued laws and regulations regarding the use of social media with a focus on online buying and selling and handling infringing content. This research uses normative juridical methods. One of the challenges in buying and selling transactions via social media is security and trust. Because these transactions are often conducted between individuals who do not know each other, it is important to be careful and verify the seller or buyer before making a transaction. Consumer law in Indonesia is regulated by Law Number 8 of 1999 concerning Consumer Protection (Consumer Law). This Consumer Law provides a legal basis and legal protection for consumers in carrying out buying and selling transactions, both conventionally and via social media.  

Farabi As-Sabili

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

The rapid development of technology and industry has significantly impacted the trade sector. However, this progress also brings challenges, such as the phenomenon of adulterated goods sales by business actors. This phenomenon has detrimental effects on consumers and business actors who operate in good faith. This research aims to identify the forms of legal protection offered by Law No. 8 of 1999 concerning Consumer Protection for business actors and consumers in the context of adulterated goods sales. The research method used is normative legal research by examining literature or secondary data to find legal rules, principles, and doctrines. The findings indicate that legal protection can be achieved through dispute resolution both in court and out of court. Business actors and consumers can file criminal charges against business actors selling adulterated goods. In addition to criminal charges, consumers can also sue business actors selling adulterated goods through institutions responsible for resolving disputes between consumers and business actors.

Rikky Nelson Manurung; I Made Kantikha

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Property business is the activity of buying and selling a plot of land or house involving 2 (two) parties between the seller (business actor) and the buyer (consumer), in its implementation gives birth to legal relationships carried out through agreements. Quality in running a property business, business actors selling their plot of land to consumers are inseparable from the fact that the business actor gets the land previously from the landowner to then sell it to consumers. The method used in this study is Normative Juridical. The legal protection of agreements made by business actors and consumers in the property business is guided by articles 1320 and 1338 of the Civil Code. Breach of promise not to carry out the agreed is a form of default committed by one of the parties to the agreement as regulated by article 1234 of the Civil Code which can be resolved with a "win and win solution" through negotiations so that business actors and consumers are protected. Consumer protection in property business agreements starts from the beginning of the purchase, making the agreement, payment to the sale and purchase deed agreement. Consumers who have signed the agreement means that they have agreed to all the terms and conditions that have been set. All of these agreements, both oral, written, and deed are not authentic. Authentic deeds that are carried out legally, as long as consumers have fulfilled their achievements by making payments in full, not negligently, in accordance with their rights and obligations in Law no. 8 of 1999, consumers are obliged to get legal protection.

Dio Afriyanto Minta; Agustinus Hedewata; Sukardan Aloysius

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to (1) find out the role of business actors in making misleading promotions according to Law Number 8 of 1999 concerning Consumer Protection, and (2) to find out the legal protection for consumers in Kupang City against misleading information provided by business actors through product promotion based on Law Number 8 of 1999 concerning Consumer Protection. This study uses an empirical judiciary method using primary data and secondary data. The results of the study show that (1) The role of business actors in making misleading advertising promotions is depicted in practices such as false advertising, deceptive practices, and fraudulent advertising. Business actors have a role in creating advertisements that do not match reality, providing incorrect information, and manipulating consumers to make purchase decisions without correct information. The impact includes harming consumers, damaging market integrity, and potentially harming the overall business image. Mistakes in this kind of marketing practice not only violate consumer protection laws, but can also shake consumer trust and affect market fairness and integrity, and (2) In the face of misleading information from business actors through product promotion in Kupang City, legal protection for consumers is essential, especially with reference to Law Number 8 of 1999 concerning Consumer Protection. This law provides a legal basis to protect consumers from dishonest and harmful advertising practices. By emphasizing principles such as benefits, fairness, balance, security, consumer safety, and legal certainty, the Act creates a foundation for consumer protection.

Mayanti Abdullah; Weny A Dungga; Sri Nanang Meiske Kamba

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to find out about the phenomenon of legal protection for consumers using thrift fashion goods in the Andalas market, Gorontalo City and the factors that hinder consumer protection for users of thrift fashion goods in the Andalas market, Gorontalo City. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research indicate that Consumer Protection is regulated in Law no. 8 of 1999 which is a replacement for Law no. 3 of 1989 concerning Telecommunications. The consumer protection law itself regulates the rights and obligations of consumers, including producers, who act to meet consumer needs and ensure the realization of legal protection for the benefit of others. In essence, consumer protection is the consumer's own right, including the activities and movements of the sales industry which are currently being widely discussed and highlighted, especially the buying and selling of imported second-hand clothing, known as thrifting, namely the activity of shopping for used goods such as clothes and other types, whose prices are very high. cheaper, as well as factors that hinder the provision of this protection and make it not work as it should. In the city of Gorontalo itself, there are problems in providing consumer protection for the sale of imported second-hand clothing, namely; strong desire on the part of sellers and buyers, law enforcement is limited to socialization and appeals without confiscation and sanctions, and lack of public awareness.

Adrasitta Khaliddya Fithrianni; Aam Suryamah; Agus Suwandono

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

The Prita Mulyasari case in 2008 highlighted the challenges of protecting consumers from strategic lawsuit against public participation (SLAPP) suits. SLAPPs aim to stop and prevent individuals or non-governmental organisations from exercising their right to voice their opinions publicly. However, specific regulations addressing SLAPP in the realm of consumer protection in Indonesia are still lacking. The Prita Mulyasari case underscores the need for further attention to establish clear and specific rules to protect consumers from SLAPP practices. This research will further examine how the Supreme Court Decision No. 300K/PDT/2010 in the Prita Mulyasari case can serve as a benchmark in upholding consumer rights within the Indonesian legal framework, especially given the absence of a legal umbrella that protects consumers from lawsuits aimed at limiting public participation in the form of SLAPPs by businesses. This research will employ a normative juridical approach, focusing on primary, secondary, and tertiary legal materials. The study will analyze data gathered from literature reviews using a qualitative normative data analysis method. The research findings indicate that although the Supreme Court granted Prita Mulyasari’s appeal, the legal reasoning in Decision No. 300K/PDT/2010 did not explicitly address the concept of SLAPP. The Supreme Court’s considerations largely focused on the fulfilment of the elements of tort under Article 1365 of the Civil Code. However, the Supreme Court’s use of Article 28F of the 1945 Constitution to justify Prita Mulyasari's conduct is a crucial step in strengthening the legal position of those who express criticism or complaints, as well as their  status as consumers.

Nicholas Tjenggana; M. Soerya Respationo

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The Indonesian state is a state based on law (rechstaats) not a state based on force or arbitrariness. Therefore, everything related to state activities from an economic, political, social and cultural perspective will be regulated by law. This research uses an empirical juridical research method using qualitative techniques and the approach method used in this research is a statutory approach and a conceptual approach using literature studies and interviews. The promulgation of the Job Creation Law and Government Regulation Number 8 of 2021 concerning the Authorized Capital of Companies and Registration of Establishment, Changes and Dissolution of Companies which have requirements for UMK are currently known, namely that an Individual Company can be established by 1 person. Obstacles: Individual companies must comply with complex regulations related to data privacy, consumer protection and taxes in the digital era. Solution: Have a strong understanding of applicable regulations and ensure internal systems and processes comply with required compliance standards. Regularly update policies and procedures to ensure ongoing compliance.

Bagas Prasetia Saputra; M. Bahrul Ulum

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

The era of the digital economy in Indonesia has made buying and selling transactions easier and faster to carry out. By using social media, consumers can channel their opinions, criticism and suggestions regarding the products/services they consume to business actors in various forms. One of them is in the form of a review (overview) of products/services expressed through photos or videos. However, this activity has reaped pros and cons in society, because it is considered that this activity actually tarnishes a good name. This research aims to examine the form of legal protection for the provisions for reviewing products on social media. The sources of legal materials used in this writing are firstly primary legal material sources which have binding force, secondly secondary legal material sources which are legal materials originating from the results of a literature review by reading books, legal journals, and articles that are in accordance with the law. the issue being faced. Data were analyzed using qualitative methods. This research uses a normative research type using a deductive thinking approach. The data that has been analyzed shows that legal protection for the provisions for reviewing products on social media is stated in Law Number 12 of 2005 article 23 paragraph (2) concerning Human Rights, Article 44 paragraph (3) UUPK, and criminal sanctions for perpetrators are stipulated in the UUPK which can be sentenced to prison and a fine.

Robby Nurtresna; Mabsuti Mabsuti; Sopiyati Sopiyati; Ogi Charis M. Arifin; Faiq Faiq +4 more

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

Economic law is a branch of law focused on regulating and overseeing economic activities, encompassing various fields such as corporate law, international trade, investment, competition, and consumer protection. In the era of globalization, the role of economic law becomes increasingly critical in creating economic stability and justice among nations. This study aims to analyze the role of economic law in regulating global economic activities, identify challenges and opportunities in its implementation, and provide policy recommendations to strengthen the application of economic law in various countries. Using a qualitative approach with document analysis methods, this research finds that power imbalances, transparency, corruption, and adaptation to technological changes are the main challenges in the implementation of economic law. However, opportunities to enhance the effectiveness of economic law exist through the strengthening of legal institutions, increased international cooperation, and the adoption of new technologies. The ASEAN case study shows that regional cooperation and free trade agreements can create a more open and competitive economic environment, despite ongoing challenges. This study concludes that economic law plays a crucial role in regulating and overseeing global economic activities and provides policy recommendations to improve its effectiveness.

Diniar Hapsari; Aris Prio Agus Santoso; Rina Arum Prastyanti

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Article 37 Minister of Health Regulation No. 06 of 2012 regulates the prohibition of the use of medicinal chemicals in traditional medicine, however in the field traditional medicines are still found that contain medicinal chemicals. In the 2022-2023 period in Surakarta, 571 items of traditional medicine were found containing medicinal chemicals. The problem that will be discussed in this research is how to regulate the circulation of traditional medicines containing medicinal chemicals and forms of consumer protection for traditional medicines containing medicinal chemicals in Surakarta. This research is empirical research using a sociological and legislative approach. This research is qualitative in nature where data is collected through interviews which are then analyzed descriptively. From the research results, it was concluded that there are regulations regarding the distribution of traditional medicines, but these regulations have not been effectively implemented in the community. Apart from that, it is known that the POM Center in Surakarta has provided legal protection for consumers of traditional medicines containing medicinal chemicals. The form of protection provided is in the form of pre-market and post market regarding the distribution of traditional medicines, apart from that it also provides sanctions to producers who violate the provisions.