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Bunga Lexsa Angelia; Devi Raisa Fauziah; Shintia Purnama Dewi; Aneza Putri Setiadi; Rosmatun Aliyah

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of electronic commerce through marketplace platforms presents new challenges in civil law enforcement, particularly concerning the platform's liability for the circulation of counterfeit goods. This study aims to analyze Shopee's legal responsibility as a provider of electronic transaction services regarding the sale of counterfeit goods, based on Article 1365 of the Civil Code concerning Unlawful Acts and its relation to consumer protection principles as regulated in the Republic of Indonesia Law Number 8 of 1999 concerning Consumer Protection. The research uses a normative juridical method with a legislative approach and literature study, including provisions in the Law on Electronic Information and Transactions and Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions. The research findings indicate that although Shopee does not act as a direct seller, the platform still has a legal obligation to provide a reliable, secure, and responsible electronic system. Negligence in verifying sellers and monitoring products has the potential to fulfill the elements of unlawful acts, particularly the elements of fault and causal relationship with consumer losses. This study emphasizes that Shopee qualifies as a business actor in the context of consumer protection, thereby bearing both preventive and repressive responsibilities to ensure transaction security and prevent the circulation of counterfeit goods on its platform.

Vivilia Agnata Mudi; Magdhalena Tasik Todingrara

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The principle of freedom of contract is a fundamental concept in civil law that provides parties with the autonomy to form, determine the content of, and implement an agreement. However, the development of information and communication technology has brought about the phenomenon of the digital economy, which has transformed patterns of contractual relationships, particularly through electronic contracts. The characteristics of digital contracts uniform, instantaneous, and generally expressed in standard clauses raise the question of the extent to which the principle of freedom of contract remains relevant. This article aims to analyze the concept of freedom of contract in civil law, its application in the digital economy, and to assess its relevance in addressing contemporary legal challenges. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings indicate that the principle of freedom of contract continues to hold relevance, but its application cannot be understood in absolute terms. In the digital context, the principle requires reinterpretation by taking into account contractual justice and consumer protection.

Bambang Tresno Wahyudi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The main objective of this study is to examine whether agreements reached in electronic transactions through online shopping platforms comply with the fundamental principles of contract law. The principles tested include the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. In addition, this study also aims to understand the legal protection framework for consumers in the context of digital transactions. The methodology applied in this study is normative law, using an approach that focuses on legislation and a conceptual approach. The legal material used consists of primary, secondary, and tertiary legal materials. The collection of legal material was carried out through a literature study, which was then analyzed using deductive logic.Based on the results of the research and data analysis, it was concluded that agreements formed in electronic transactions through online shopping sites have fulfilled the principles of freedom of contract, consensualism, pacta sunt servanda, and good faith. Legal protection for consumers in e-commerce transactions has been adequately provided through the regulation of Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 8 of 1999 concerning Consumer Protection.

Adinda Marsha; Najwa Nur; Ahmad Azmi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Consumer protection is an important pillar in ensuring fairness and balance in the relationship between business actors and consumers, including for foreign nationals who transact in Indonesia. Economic globalization and digital developments are expanding the range of cross-border economic activities that demand the presence of an inclusive legal protection system that is adaptive to modern trade dynamics. This research aims to analyze consumer protection for foreign nationals in Indonesia through juridical and sociological approaches to understand the implementation of legal norms, the effectiveness of dispute resolution mechanisms, and the social realities faced by foreign consumers in practice. The research method used is normative legal research with a legislative approach and a sociological approach through the analysis of the literature, regulations, and empirical findings from various studies related to cross-border consumer protection. The results of the study show that although normatively Law Number 8 of 1999 concerning Consumer Protection guarantees equal rights for all consumers, in practice there are still administrative, cultural, linguistic, and information access obstacles experienced by foreign citizens. These findings affirm the importance of harmonizing consumer protection policies with the principles of global justice, accessibility, and non-discrimination.

Dina Andiza

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

This study discusses consumer protection in the circulation of illegal cosmetic products through electronic commerce systems, focusing on the implementation of Law Number 8 of 1999 concerning Consumer Protection. The main problems of the research include legal regulations related to illegal cosmetics, legal provisions regarding electronic commerce, and consumer protection mechanisms against the circulation of illegal cosmetics on e-commerce platforms. This study uses a qualitative method with a normative legal research approach through literature studies, which involves primary, secondary, and tertiary data sources. The results of the study show that cosmetic distribution permits are regulated in the Regulation of the Food and Drug Supervisory Agency Number 12 of 2023 concerning the Supervision of the Manufacture and Circulation of Cosmetics. In electronic commerce, transactions occur electronically between sellers and buyers by involving a third party as the platform provider. Dispute resolution between consumers and business actors is regulated in the Consumer Protection Law through two channels, namely litigation and out-of-court dispute resolution. The research concluded that every cosmetic in circulation must have a distribution permit in the form of a BPOM Notification, and business actors are responsible for providing compensation in the form of refunds or product replacements. The research recommendations emphasize the importance of consumer prudence, honesty of business actors, and the government's firmness in handling consumer problems.

Richard Ratuwalu; Komsatun Komsatun; Sanny Dewayani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The rapid growth of financial technology (fintech) Peer-to-Peer Lending (P2PL) in Indonesia has created both opportunities and challenges, particularly regarding debt collection practices by third parties (debt collectors). Such practices often result in violations of consumer rights, including intimidation, harassment, and breaches of privacy. To address these issues, the Financial Services Authority of Indonesia (OJK) issued Regulation No. 22 of 2023 on Consumer and Public Protection in the Financial Services Sector, which establishes legal standards for protecting fintech P2PL consumers. This study aims to analyze the regulation of debt collection by third parties under OJK Regulation No. 22/2023, assess the forms of legal protection for consumers, and identify the obligations of fintech P2PL providers in managing collection practices. The research applies a normative juridical method with statutory and conceptual approaches. The findings indicate that OJK Regulation No. 22/2023 provides consumer protection through preventive mechanisms (mandatory transparency, prohibition of intimidation, and regulation of third-party involvement) and repressive mechanisms (complaint handling and administrative sanctions). However, challenges remain in implementation, such as low consumer literacy, outsourced collection practices, and weak on-site supervision. Therefore, stronger regulation, tighter controls by providers, and collaboration among regulators, law enforcement, and fintech associations are required to ensure optimal consumer protection.

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.

Malik Abdul Aziz; Rida Kusuma Devi; Anis Badriyatun Niswah

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Citizenship rights are a fundamental foundation for ensuring the fulfillment of basic rights, including the right to consumer protection. In the context of globalization and the development of the digital economy, the potential for violations of consumer rights is increasing, thereby requiring the state to strengthen its responsibilities. This study aims to analyze the relationship between citizenship rights and the state’s obligations in guaranteeing consumer protection from the perspective of positive law and policy practices in Indonesia. The research method employed is a normative approach with juridical analysis of legislation, court decisions, and legal doctrines, complemented by a comparative study of international regulations. The findings reveal that consumer protection cannot be separated from the state’s recognition of universal citizenship rights. The state plays a role as regulator, facilitator, and supervisor to ensure the fulfillment of consumer rights to safety, comfort, and fairness in transactions. However, gaps were identified between legal norms and implementation, particularly in digital market oversight and the protection of vulnerable consumers. The study concludes that consumer protection is a concrete manifestation of the state’s responsibility for citizenship rights, requiring regulatory strengthening, effective supervisory institutions, and synergy among the state, business actors, and society.

Jeki Saroha Tamba; Martono Anggusti; Ria Juliana Siregar

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Consumer protection plays a crucial role in the insurance industry due to the complex, long-term, and trust-based nature of insurance products. Consumers are often in a vulnerable position because of limited access to information and a lack of understanding of policy terms, which increases the risk of losses, especially during claim settlement processes. This study aims to analyze the factors that influence the importance of consumer protection in Indonesia’s insurance sector and to examine the role of the Financial Services Authority (OJK) as the regulatory and supervisory body in financial services. The findings indicate that low financial literacy, information asymmetry, and the dominance of standard contracts are key factors that underscore the need for consumer protection. Meanwhile, OJK plays a strategic role through regulation, supervision, dispute resolution, and financial education for consumers. This study concludes that the effectiveness of consumer protection in the insurance sector depends largely on the synergy between strong regulations, consistent supervision, and improved public awareness of consumer rights.

Nadia Firda Ayu Fernanda

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The skincare industry is growing very rapidly along with increasing public awareness of the importance of proper skin care. However, in marketing their products, many business actors make exaggerated claims regarding product benefits that are often not supported by facts or scientific evidence. The study aims to analyze the application of consumer legal protection in overclaiming actions carried out by business actors on skincare products from the perspective of Law Number 8 of 1999 concerning Consumer Protection. The research method applied is the normative juridical method with a statutory approach and a conceptual approach. In this study, the practice of overclaiming carried out by business actors on skincare products is contrary to applicable legal provisions, namely Articles 8 and 10 of the Consumer Protection Law. These articles prohibit business actors from providing misleading information about a product and violate consumer rights as defined in Article 4 of the Consumer Protection Law. Although normatively the law has provided sufficient protection for consumers, its implementation in the field still faces many challenges. Supervision from the government and related institutions such as the BPOM is very necessary to ensure business actors' compliance with applicable regulations. Firm and consistent law enforcement is also needed to make business actors more responsible in providing information to consumers and to foster healthy and ethical skincare industry climate.

Oki Indra Setiono; Anwar Budiman; Retno Kus Setyowati

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses the implementation of consumer law in the context of gold investment through PT X's digital application and the consumer protection guarantee mechanisms presented in the system. The research method used is normative juridical, namely a method that emphasizes the study of applicable positive legal norms, legal doctrine, and the application of relevant legal principles. The results of the study indicate that the implementation of consumer law in digital-based gold investment has been carried out in accordance with contractual principles as stipulated in civil law and in line with the provisions of Law Number 8 of 1999 concerning Consumer Protection. In practice, gold investment transactions through the X application are carried out with a mixed agreement containing elements of sale and purchase, deposit, and pawn. This is an important basis because the legal relationship between consumers and companies is not only a single transaction, but a combination that requires guaranteed protection of consumer rights. The legal basis for this mechanism is reflected in the X Digital Application Operational Guidelines Number 28 of 2024, which detailed administrative procedures, application usage requirements, and the implementation of consumer protection principles as stipulated in Articles 4, 7, 18, and 45 of the Consumer Protection Law. Thus, the implemented system not only emphasizes commercial aspects but also ensures a balance between the rights and obligations of consumers and businesses. This study highlights how digital transformation in financial services requires a robust legal framework to protect consumers from potential risks. Therefore, internal company regulations and guidelines play a strategic role in ensuring fairness and providing a sense of security for people investing in gold through digital applications.  

Oktaviana Ayu Sekar A; Prastyanti, Rina Arum

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid expansion of fintech lending services, particularly cross-border peer-to-peer (P2P) lending, has created significant legal challenges concerning consumer protection. This study examines whether existing legal frameworks adequately safeguard consumer rights within the borderless digital lending environment. Utilizing a normative-juridical method combined with a comparative approach, the research analyzes Indonesia’s regulatory structure alongside selected international frameworks. The findings reveal substantial gaps in consumer protection, exacerbated by the proliferation of illegal online lending platforms, regulatory fragmentation across jurisdictions, and the misuse of personal data. National regulations often prove insufficient to address complex cross-border legal issues. This study underscores the urgency of global regulatory harmonization, enhanced national oversight mechanisms, and improved digital literacy among consumers. It concludes with recommendations for regulatory reform, the establishment of international supervisory cooperation, and the strengthening of institutional roles, particularly by financial and communication authorities, to ensure robust consumer protection in the evolving fintech lending ecosystem.

Muhd. Basry Hamaya

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy of postpaid data quota elimination by telecommunication companies in Indonesia has raised legal issues in the context of consumer protection. This practice is often implemented without transparency or explicit consent from consumers, despite the fact that the data quotas have been fully paid. This study aims to analyze the compatibility of the quota elimination policy with the principles of contractual fairness and consumer protection under Indonesian positive law. The research uses a normative juridical method, focusing on statutory regulations, legal doctrines, and comparative practices from other jurisdictions. The findings reveal that standard clauses regulating data quota forfeiture without a rollover or compensation mechanism contradict Article 18 of Law Number 8 of 1999 concerning Consumer Protection and violate the principles of good faith, balance, and transparency in contracts. Therefore, such policies are inconsistent with the doctrine of fair contracts and the legal responsibilities of business actors as mandated in the Indonesian consumer protection legal system. This study recommends the establishment of technical regulations by BRTI and the Ministry of Communication and Information (Kominfo) to ensure fair and sustainable protection of consumer rights over paid data services.  

Gunawan Widjaja; Songga Aurora Abadi; Yuri Anggi

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The advancement of digital technology has introduced a novel trend in marketing via social media platforms, specifically through influencers promoting products or services. Nonetheless, numerous endorsements by influencers contain misleading, inaccurate, or harmful claims to consumers. This research aims to analyze the civil liability of influencers for product claims that cause consumer harm in digital media endorsements, referencing Law No. 8 of 1999 on Consumer Protection. Utilizing a normative juridical method based on literature review of laws, legal doctrines, and pertinent cases, the findings reveal that influencers can be held civilly liable under the tort principle (onrechtmatige daad) as stipulated in Article 1365 of the Civil Code, if proven to provide false or unsupported claims resulting in consumer harm (Setiawan, 2019). Therefore, there is a pressing need to enhance regulations governing the role of influencers in consumer protection frameworks alongside effective liability mechanisms as a form of accountability in the evolving digital marketing landscape.

Sebastian Alboen Sihombing; Reva Setianingsih; God Godsent; Urai Vidia

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for consumers is an important issue in maintaining public trust in products circulating in the market, especially in subsidized cooking oil products. Decreasing quality or cutting product content can affect consumer perception, which has an impact on decreasing trust in the product brand. This study aims to analyze the impact of legal protection on the consequences of cutting subsidized cooking oil and how this incident affects public trust. The research method used is a qualitative approach with a case study analysis of the event of cutting the contents of cooking oil products by PT AEGA. The results of the study indicate that non-compliance with product quality standards can cause consumer distrust and worsen the brand image that has been identified with the government subsidy program. Therefore, it is important for the government and business actors to increase transparency, supervision, and law enforcement so that the public does not feel disadvantaged and continues to trust the products they consume. This study also recommends strengthening regulations and legal counseling to the public to increase their awareness and participation in consumer protection.

Silvana Nur Rahmat Lukum; Weny Almoravid Dungga; Suwitno Yutye Imran

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal protection for insurance customers in the settlement of policy claims at PT Asuransi Bumi Putera, with reference to Law No. 8 of 1999 concerning Consumer Protection. The main problem faced by customers is the delay in payment of claims, which is contrary to the main purpose of insurance to compensate for losses experienced by customers. Based on available data, many claims have not been paid, indicating the non-compliance of insurance companies with their obligations. This research examines the forms of legal protection regulated in the Consumer Protection Law, particularly regarding the customer's right to obtain clear information, compensation, and dispute resolution. In addition, this study also highlights the preventive and repressive aspects of legal protection, where preventive protection aims to prevent disputes from occurring, while repressive protection provides legal avenues for aggrieved customers to obtain compensation. While the law has provided a clear basis of protection, consistent implementation and enforcement are still needed to ensure customer rights are fulfilled. This research is expected to contribute to improving legal protection for insurance customers in Indonesia, as well as encouraging insurance companies to fulfill their obligations in a timely manner in accordance with applicable regulations.

Tiara Yogi Dwi Amelia; Rina Arum Prastyanti

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

The rapid development of information technology has significantly driven the growth of e-commerce as one of the main channels in modern commercial activities. In the beauty product sector, digital platforms offer consumers easier access and simultaneously expand market reach for business actors. However, this advancement also brings various challenges, particularly in relation to consumer protection. Common issues include product authenticity, information transparency, transaction security, and dispute resolution mechanisms. In this context, legal protection for consumers has become an urgent matter that cannot be overlooked. This study aims to analyze the forms of legal protection available to consumers of beauty products in e-commerce transactions and to assess the effectiveness of existing regulations in addressing these challenges. Using a normative juridical approach, the study evaluates relevant legislation, such as Law Number 8 of 1999 concerning Consumer Protection, along with other regulations related to electronic transactions. The findings reveal that although legal instruments have been established to safeguard consumer rights, their implementation still encounters obstacles, including limited supervision of online business actors and low consumer literacy regarding their rights. Therefore, efforts are needed to strengthen regulations, improve consumer education, and optimize the roles of supervisory and dispute resolution institutions. In this way, the consumer protection system in the e-commerce sector—particularly for beauty products—can operate more effectively and provide a greater sense of security for the public in conducting digital transactions.

Moh. Ismail Mantolongi; Weny Almoravid Dungga; Mohamad Taufiq Zulfikar Sarson

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

This study aims to determine and analyze the form of fulfillment of consumer rights of IndiHome service provider users in the Laws and Regulations in Indonesia due to the FUP system and the responsibility of the IndiHome provider towards consumers due to the FUP system. This study is classified as normative research with a historical approach, comparative approach and conceptual approach. Legal materials are collected through document studies, then analyzed prescriptively. The results of the study indicate that consumer rights and the responsibilities of business actors, namely Indihome, have been regulated in Law No. 8 of 1999 concerning Consumer Protection. Although it has been regulated in the Laws and Regulations, this situation is no longer effective because when an error occurs, Indihome can be released from its responsibility. For this reason, it is necessary to revise Article 27 letter b of Law No. 8 of 1999 concerning Consumer Protection.