Dispute Resolution of Business Actors Who Have Experienced Bankruptcy Based on Consumer Protection Law

This research concerns the analysis of the legal certainty of standard clauses of sale and purchase notes, which aims to find out and analyze the standard clauses of sale and purchase notes from the perspective of sharia economic law and consumer protection law as well as a comparison between the two perspectives of sharia economic law and consumer protection law and to find out and analyze the certainty of sharia economic law and consumer protection law regarding standard clauses of sale and purchase notes. The object of this research is the provisions of the standard clauses of sales and purchase notes where consumers must comply with the contents of the standard clauses of sales and purchase notes made by business actors. The method used in this research is library research. The aim of this research method is to collect data and information with the help of various materials available in the library, including primary data sources in the form of the book Compilation of Sharia Economic Law, the book Law Number 8 of 1999 concerning Consumer Protection, books on economic law and sharia contracts in Indonesia, and books on the basics of consumer protection. while secondary data comes from articles, magazines and journals related to sharia economic law and consumer protection law regarding standard clauses in sales and purchase notes. The results of this research show that the analysis of legal certainty in the standard clauses of sales and purchase notes from the perspective of sharia economic law and consumer protection law is that there are consumer rights and obligations of business actors in the standard clauses of sales and purchase notes in sharia economic law and consumer protection law and meanwhile in the legal certainty in the standard clauses of standard sales notes, consumers obtain their rights and the consumer protection regulations regulated by law are guaranteed.

The protection of the interests of consumers is a central aspect of all modern competition laws as well as a direct aim of consumer protection laws. However, despite being complementary in many ways, competition and consumer protection laws cover different issues and employ different methods to achieve their goals. While consumer protection rules are built upon the premise that consumers are the weaker party to transactions and should be directly protected for this reason in their dealings with traders through certain consumer rights, competition law only indirectly protects the consumers’ economic well-being by ensuring that the markets are subject to effective competition. This article explores the interplay between consumer protection and competition law in the Indian context with some comparison with the EU position, where relevant. After an examination of the relevant legislation and case law, the article finds that given that the mandate of the Competition Commission of India is to prevent practices having an adverse effect on competition, in cases of overlap between consumer protection and competition laws, the Authority should act only on the basis of adverse effects on competition. The treatment of ‘unfair trade practices’ is used to demonstrate the appropriateness of this approach.

Consumer protection law is essential in safeguarding rights against fraud and unfair practices, relying on both private institutions and governmental enforcement. This study aims to analyze the legal frameworks of consumer protection in Indonesia. It also examines the roles of institutions in the legal enforcement of consumer protection, particularly their function in maintaining the balance of relations between consumers and producers in the context of globalization and extensive online marketing. The methodology employed is normative legal research, which examines Indonesia’s Consumer Protection Law (Law Number 8 of 1999) through the lens of key concepts such as consumer rights, the institutional roles in enforcing these rights, and ensuring fair business practices. The findings underscore the importance of various consumer protection institutions, such as National Consumer Protection Agency (Badan Perlindungan Konsumen Nasional or BPKN), Non-Governmental Consumer Protection Institution (Lembaga Perlindungan Konsumen Swadaya Masyarakat or LPKSM), Consumer Dispute Resolution Agency (Badan Penyelesaian Sengketa Konsumen or BPSK), in Indonesia, which serve to educate, supervise, and assist consumers in resolving disputes with businesses. This study also identifies the challenges in implementing consumer protection law, particularly concerning the broad range of involved institutions, as well as the need for heightened consumer awareness and greater accountability from business actors.

Buying and selling is a common activity in Indonesian society, and every day there are people involved in buying and selling transactions. Buying and selling refers to a transaction between a seller, who is usually a business actor, and a buyer, who is a consumer. In the buying and selling process, consumers often face problems or losses. Therefore, Indonesia has issued a consumer protection law to protect consumer rights. The problems faced by consumers are not limited to selecting goods alone, but involve more complex problems related to the awareness of all parties, including business actors and consumers, about the importance of consumer protection. The aim of implementing, developing and regulating consumer protection is to increase consumer dignity and awareness. More than that, it also aims to encourage business actors not to abuse their business practices and act responsibly. It is important for consumers to realize that they have rights protected by the Consumer Protection Law, so that they can exercise social control over the behavior and business practices of business actors and the government. This research uses socio-legal research methods that adopt an interdisciplinary approach or a "hybrid" approach that combines aspects of sociological research with a normative approach that applies qualitative analysis. The results of this article state that consumer protection law has great significance in the context of buying and selling activities. For business actors, this law is important because it provides clear guidelines regarding permitted practices and prohibits actions that could harm consumers. Meanwhile, for consumers, consumer protection laws are also important because they provide security guarantees when they are involved in buying and selling transactions

Consumer protection law and competition law are interrelated, closely knitted, and cannot be dealt with in isolation of the other. The two branches of law are delicately intertwined and often overlap with each other and a critical assessment needs to be undertaken to fully understand and appreciate how the two laws interface with each other. These two laws have interfaced in many aspects including sharing a common purpose and their cardinal desire to promote and protect each other. It should be borne in mind that through such interface, the two branches of law either co-operate or at times conflict with each other. In interfacing, Competition and Consumer Protection laws have benefits that include realisation of a fully functioning market, an improved inflow of information, detection of anticompetitive practices, control of complicated products and services, and protection of consumers. However, the above interface has demerits. These include disincentives to invest by firms holding dominant positions, increase of “fly-by-night” operators and cropping up of unethical and criminal behaviours as firms compete with each other. To address the above demerits posed by the interface of the two branches of law, this article suggests that there should be close coordination and coherence of the two laws, use of economics based models and emphasis on consumer protection. Keywords: Consumer Protection Law, Competition Law, Cooperation, Conflicts, Tanzania.

Background: This article discusses the problems faced by buyers in online buying and selling, in the form of advertisements that do not match the products being sold. For this reason, researchers are interested in conducting research with the title Comparative Study of Article 10 Letter C of Law Number 8 of 1999 concerning Consumer Protection and Sharia Business Law in Online Clothes Buying and Selling by examining three online shops, namely Sa**tri.Store 1**6611424, N**la.Fasshion, and Ocyd Clothing Official. Methods: The research method uses empirical juridical, with a phenomenological and conceptual approach. Data analysis uses inductive and descriptive methods. The data collection techniques used were observation, interviews, documentation, questionnaires and library data. Findings: The results of the research show that the two online stores studied, namely Sa**tri.Store 1**6611424, and N**la.Fasshion are known to have committed fraud with advertising media that is misleading and contains elements of gharar and jahalah. Conclusion: Meanwhile, the Ocyd Clothing Official online shop is known to comply with applicable regulations, both from the Consumer Protection Law and Sharia Business Law. Novelty/Originality of this Study: Its comparative analysis of Article 10, Letter C of Law Number 8 of 1999 on Consumer Protection with Sharia Business Law, specifically within the context of online clothing sales, provides a unique examination of legal and ethical perspectives. This approach highlights the differences and commonalities in addressing false advertising in Indonesia's burgeoning e-commerce sector.

Business actors, as parties with stronger bargaining positions, ethically have the obligation to ensure that the products they manufacture and distribute are safe for use. Moral responsibility should drive business actors to actively ensure product quality and refrain from concealing defects or hidden faults that may harm consumers. Therefore, it is important to examine how the Consumer Protection Law regulates the legal responsibilities of business actors for hidden defective products, and how moral responsibility can strengthen their commitment to upholding consumer rights. This study employs normative legal research methods. Based on the findings, the legal responsibility of business actors for hidden defective products, as governed by Law No. 8 of 1999 on Consumer Protection, serves as a concrete form of consumer rights protection. A hidden defective product is one that appears normal at the time of purchase but contains a defect that is not immediately visible and only causes damage or harm after use. The Consumer Protection Law requires business actors to be fully responsible for the products they produce or trade, including their quality, safety, and the accuracy of the information provided to consumers. Article 19 of Law No. 8 of 1999 stipulates that business actors must provide compensation for damages caused by defective products, including physical harm, contamination, or financial losses. This form of liability is strict, meaning that even if the business actor was unaware of the defect, they are still held accountable for introducing a defective product into the market. This obligation reflects the principle of due diligence in business and reinforces protection for consumers, who are generally in a weaker position in legal and commercial relationships. The legal consequences faced by business actors who neglect or evade this responsibility are also regulated by the Consumer Protection Law.

The Some consumers choose to have limited knowledge about the fairness of the quality and price of goods/services. In the Law on Consumer Protection, there are several articles that regulate the prohibited acts for business actors, the obligations of business actors, and the rights of consumers. However, the problem is not only limited to the responsibility of drug stores, but there must be legal protection efforts for consumers who experience acute indigestion as a result of consuming dangerous syrup. The formulation of the first problem is how is the legal protection of consumers over the withdrawal of dangerous syrup in Pangkalan Kerinci District, secondly how is the responsibility of drug stores as business actors in providing legal protection to consumers over the withdrawal of dangerous syrup in Pangkalan Kerinci District. The research method in this thesis uses a type of sociological legal research, namely research on the effectiveness of laws that live in society. The data collection technique in this research is the interview method and literature review. Then after the data is collected, it is analyzed to draw conclusions. The research method in this thesis uses a type of sociological legal research that seeks truth in field facts. The result of the research is that legal protection against the withdrawal of dangerous syrup shows the importance of legal protection for consumers, especially in terms of safety and health. The Consumer Protection Law provides a strong legal basis to ensure consumer rights are protected, including in the case of dangerous drug recalls. If the syrup sold proves to be dangerous or contains unsafe ingredients, consumers are entitled to compensation or return of goods, as well as transparent information about the drug recall process. The responsibility of drug stores as business actors in providing legal protection to consumers for the withdrawal of dangerous syrup in Pangkalan Kerinci District such as compensation in the form of a refund or exchange of safe products. In this case, based on policies and procedures, business actors, namely drug stores can provide compensation in accordance with the losses suffered by consumers. In this study, it can be concluded that drug stores do not provide compensation or compensation money to consumers who come to return dangerous syrup drugs that have been withdrawn from circulation.

Unauthorized fuel extraction by mechanics in official motorcycle workshops constitutes a significant yet underexamined issue in consumer protection law. This study is prompted by a case in which a mechanic siphoned fuel from a consumer’s motorcycle tank without consent during a service process, resulting in material loss and a violation of consumer rights. The issue is particularly relevant given the imbalance of knowledge and power between business actors and consumers. This research aims to identify the causal factors underlying unauthorized fuel siphoning, analyze the legal responsibility of business actors, and examine mechanisms for resolving disputes arising from such practices. The study employs an empirical juridical method with a field research approach, combining interviews with consumers and workshop personnel and normative analysis based on Law Number 8 of 1999 on Consumer Protection. The findings demonstrate that unauthorized fuel siphoning constitutes a breach of consumer protection principles and gives rise to legal liability for business actors. The primary motivating factor identified is the perceived inefficiency and higher cost of using specialized cleaning agents, such as carburetor spray cleaners, which leads to informal and unethical service practices. Dispute resolution in these cases is generally pursued through non-litigation mechanisms, particularly negotiation. This study underscores the need to strengthen transparency in workshop services and to enforce clearer ethical and procedural standards. It concludes that enhancing both preventive and repressive consumer protection mechanisms is essential to ensure effective protection of consumer rights.

Today, consumer protection should receive more attention because there are not a few Business Actors who do business in Indonesia, both domestic and foreign Business Actors and are part of Indonesia's economic development. This paper will investigate the responsibility of the Seller in the event of a discrepancy in the delivery of goods to customers, as well as the legal remedies available to consumers. The research method used was normative method or doctrinal legal research. Because consumers' rights and obligations in transactions with business actors are often regulated and have the type of a standard that business actors must give consumers. Business actors are responsible for failing to provide consumer rights. In the Consumer Protection Law, "Liability Based on Fault" is used as the concept of responsibility. If the company actor refuses to take responsibility for his mistake and a consumer dispute emerges, the Protection Law allows parties to resolve problems outside or in court. If parties settle consumer problems outside of court, they sign a deed/agreement of settlement or agreement on the conclusion of a dispute resolution for mediation and conciliation.

The intricacies of unfair commercial practices within the e-commerce platforms market highlight a critical and urgent necessity for an evolution in both consumer protection and competition laws. As new consumer vulnerabilities emerge or existing ones are exacerbated in e-commerce, effective rules are needed to better protect consumers, govern businesses and regulate a healthy competitive dynamic in the market. This article examines the interplay between consumer protection law and competition law in addressing unfair commercial practices of e-commerce platforms. The large-scale deployment of unfair commercial practices by e-commerce platforms may result in anti-competitive effects, thereby undermining fair and effective market competition. Yet, in the ASEAN region, unfair commercial practices often fall under consumer protection law rather than competition law. A lack of synergy between consumer protection law and competition law undermines the regulatory efforts in promoting fair market practices. This paper employs qualitative content analysis with comparative analysis of the ASEAN countries’ competition law development, highlighting the importance of regulating unfair commercial practices in preventing anti-competitive effects and promoting fair market competition in the e-commerce platforms market.

The concept of consumer protection is to guarantee legal certainty to consumers, namely efforts to empower consumers to obtain or determine their choice of goods and/or services and to defend or defend their rights if business actors harm them. Legal norms to protect the interests of consumers are not sufficient. Therefore, to achieve a balance in protecting the interests of consumers and business actors, a clear legal order is needed so that a healthy economy can be realized. Consumer protection norms in the Consumer Protection Law System, as a fundamental norm, become the criteria for determining alleged violations of consumer rights. The aim of this study is to provide an alternative for resolving cases, a form of embodiment of the implementation of consumer rights protection policies. The approach method used in this research is juridical sociological. However, there are still legal loopholes that often occur. May harm the interests of consumers. The existence of regulations that still have to be synchronized and harmonized between the Consumer Protection Act and the rules governing Arbitration and Alternative Dispute Resolution issues because the Consumer Protection Law formulates rules for resolving consumer disputes by separate arbitration, which is relatively different from the basic concept of the arbitration mechanism which generally accepted so that the settlement of consumer disputes becomes legal uncertainty.

The Consumer Protection Law does not expressively verbis state the protection of consumer personal data as part of consumer rights that must be protected by business actors. The existence of cybercrime and the negligence of business actors can cause leakage of consumer personal data to be something that needs to be anticipated. This paper aims to discuss the application of the PDP Law to consumer protection of personal data and how the form of liability of business actors in the perspective of the PDP Law in ensuring consumer protection. This paper uses normative research with a conceptual approach, a statutory approach, and a case approach. This paper also concluded that The handling of consumer disputes related to personal data breaches should be handled in parallel by applying the PDP Law and the Consumer Protection Law. Business actors should protect consumers' personal data based on the provisions prohibiting disclosing personal data unlawfully. The application of the principle of absolute accountability or strict liability is intended so that business actors can be fully responsible for the interests of consumers. In the event that there is negligence on the part of the business actor, resulting in a violation of the protection of consumers' personal data. Business actors cannot escape responsibility for any reason because they have neglected to protect consumers' personal data.

This research is motivated by a phenomenon that business actors in buying and selling online often provide unclear information. This research is a library research on consumer legal protection in online buying and selling according to Law No. 8 of 1999 and consumer protection in online buying and selling according to the Compilation of Sharia Economic Law and comparison of consumer protection in online buying and selling according to UUPK and KHES. The results showed that, Legal protection of consumers in online buying and selling according to Law No. 8 of 1999 is not fully realized, because many consumer rights are violated by online business actors. Violated consumer rights are contained in GCPL Article 4, Article 7, Article 8, Article 17, Article 19. The legal protection of consumers in online buying and selling based on the Compilation of Sharia Economic Law is the provision of protection in the form of khiyar rights (cancel or continue the sale and purchase contract). The similarity of consumer legal protection in online buying and selling according to GCPL and KHES is that they must provide correct, clear, and honest information about the conditions and guarantees of goods and / or services. While the difference in consumer protection in online buying and selling according to GCPL and KHES is that according to GCPL, administrative sanctions and criminal sanctions are imposed; in KHES, consumers are given the right to khiyar (cancel or continue the contract) in online buying and selling.

The imbalance of economic relations between business actors and consumers has resulted in suboptimal consumer protection, especially in facing the challenges of modern trade such as e-commerce. Although the Consumer Protection Law (UUPK) Number 8 of 1999 in Indonesia has provided a legal basis and regulated the basic rights of consumers, in practice consumer awareness and the application of legal protection are still not optimal. Therefore, consumer protection must be viewed holistically, not only from the aspect of positive law, but also from the perspective of the Qur'an which instills ethics and social responsibility in business. This research uses a qualitative method with an analytical literature study, which examines national legal regulations and Qur'anic verses related to business ethics and consumer protection. The results show that the principles in the UUPK are closely aligned with the teachings of the Qur'an which emphasize fairness, the prohibition of fraud, and the responsibility of businesses, as well as consumers' rights to convenience, security, and correct information. In addition, the research identified several key issues in consumer protection, such as product safety, right to clear information, digital transactions, personal data privacy, after-sales service, price transparency, protection of vulnerable consumers, right to be heard, environmental social responsibility, and accessibility of products and services. This study concludes that the integration between positive law and Islamic values can strengthen an effective and sustainable consumer protection system in Indonesia.