Consumer Law Research Articles

ANÁLISE DOS PRESSUPOSTOS DA RESPONSABILIDADE CIVIL DOS BANCOS NOS CONTRATOS DE VENDAS CASADAS

This paper explores the concept of moral and material damages, highlighting their compensatory, punitive and preventive functions, with a focus on the application of the law in cases of defective services in the Brazilian legal context, especially in the Small Claims Courts of Amazonas. It analyzes the historical development of consumer law and the role of Small Claims Courts in promoting swift and accessible justice, highlighting the importance of the principles of transparency, objective good faith and equity in consumer relations. The research uses a doctrinal and jurisprudential approach to demonstrate the effectiveness of tied selling as a tool to curb harmful practices and relieve the burden on the judicial system, promoting a fairer and more responsible business environment. It is concluded that the rigorous application of punitive damages contributes significantly to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.

A DESCONSIDERAÇÃO DA PERSONALIDADE JURÍDICA APLICADA A ADMINISTRADORES NÃO SÓCIOS: ANÁLISE DE CRITÉRIOS E IMPLICAÇÕES PRÁTICAS NO DIREITO BRASILEIRO

This article explores the application of piercing the corporate veil in non-partner administrators, a crucial theme for protecting creditors, consumers, and workers from corporate fraud. Through doctrinal and jurisprudential analysis, with a focus on the Special Appeal No. 1.862.557 from the Superior Court of Justice (STJ), the paper discusses the limits and criteria for personally holding professional administrators accountable, who do not have a shareholding position, in cases of purpose deviation and asset confusion. Furthermore, the article examines the practical implications of such liability in corporate, consumer, and labor law, as well as its impact on financial markets and corporate governance. The study also compares different legal systems, analyzing how corporate veil piercing is handled internationally.

Is a distributive analysis enough? A critical take on the case law of the European Court of Justice

ABSTRACT This essay articulates both empirical and historical insights of a distributive analysis, which entails presenting a critical intervention in a legal field dominated by a mainstream scholarly or policy view that is both ideologically tainted and empirically inaccurate. The transition from distributive consequences to what critical scholars refer to as a distributive analysis is a strategic intervention within each specific legal field that ought to be historicised. This article shows how the application of a distributive analysis to two canonical case studies in consumer law and gender discrimination as two distinct and relatively marginal fields in European Union law developed through the jurisprudence of the European Court of Justice. Finally, this article questions whether a distributive analysis, without a theoretical grounding in critical theory, is sufficient to ensure that it is not only an empirical tool but also committed to not perpetuating the existing inequalities within the liberal or neoliberal foundations of the European legal order.

Filling the Accountability Gap: Misleading Conduct Law in Business and Human Rights

Abstract This article examines the use of misleading conduct law to challenge false or deceptive business claims about their human rights practices and impacts. It does so in the context of recent developments in the field of business and human rights including the introduction of non-financial reporting, disclosure and human rights due diligence that have seen an increase in business communications about their human rights impacts. The article uses the Protect, Respect and Remedy framework of the United Nations Guiding Principles on Business and Human Rights to analyse the EU Directive on Unfair Commercial Practices (2005/29) and the Australian Consumer Law. Each prohibit misleading conduct by business. The article argues that, to differing extents, these legislations partially address the accountability gap that has emerged in the context of corporate human rights claims and practices.

Normativity of Consumer Protection in the Perspective of Maqāṣid Sharīʿah

Personal data security is the right of every person to protect their personal data confidentially. This research discusses regulations for consumer protection, personal data protection, and their implementation from the perspective of the maqāṣid sharīʿah. The aim of this research is to determine the extent to which laws related to consumer data protection have been implemented to prevent leaks in the personal data of WhatsApp application users. This study used a qualitative approach with normative empirical research methods. Normative research examines Law No. 8 of 1999 concerning Consumer Protection and Law No. 27 of 2022 concerning Personal Data Protection, while empirical research examines the implementation of these regulations. Researchers draw the conclusion that regulations related to the protection of consumers' personal data and their implementation fall within the concept of maqāṣid sharīʿah, especially the basic principle of maintaining one's honor (ḥifẓ al-ʿirḍ) because these regulations were made to protect one's privacy.

TINDAK PIDANA TIDAK MENGGUNAKAN LABEL BERBAHASA INDONESIA PADA BARANG YANG DIPERDAGANGKAN DI DALAM NEGERI OLEH PELAKU USAHA

Criminal acts are acts that meet the elements of guilt and against the law that have been stipulated in the law and customary norms that apply in society. The reality in community is that there are many violations of the obligation to use Indonesian language labels on goods traded domestically by business actors. The results showed violations of these provisions both in the form of food and beverages such as rice, sugar, sausages and in the form of non-food such as electronic goods, spare parts, children's toys and others, with empirical evidence in the form of permanent legal force decisions. The purpose of this study is to find the causes of violations of the obligation to use Indonesian language labels on goods traded domestically by business actors. Provisions regulating the obligation of business actors to use Indonesian labels on goods traded domestically are contained in Law Number 8 of 1999 concerning Consumer Protection and Law Number 7 of 2014 concerning Trade. The research concluded that some business actors are not aware of these obligations, do not support government programs and lack of supervision, so it is necessary to continuously socialize the law, effective and fair law enforcement and strict government supervision by involving ministries and other relevant agencies and institutions. The method used is a normative research method and the data are collected by library reseach and analized by qualitative method.

The Arbitration Law in Brazil and the need to update

Arbitration is the oldest institute used by society as a means of resolving conflicts. In Brazilian law, arbitration has already been provided for in Philippine Ordinances since the period of colonization. Despite being provided for in legal standards, arbitration only underwent significant regulation in 1996 with the publication of Law nº 9.307/1996, which represented a major advance at that time. However, new improvements occurred with the sanction of Law nº 13.129/2015, which implemented, among other improvements, the use of arbitration in direct and indirect public administration. The changes to the aforementioned law brought great advances, expanding its applicability to various activities or matters, which provided Brazilian society with more options for quickly resolving conflicts. In this context, through bibliographical and documentary research, the objective of this paper is to present the main bills that expand the use of arbitration, and thus demonstrate the need to update Brazilian arbitration law, which could become one of the most modern of the world. The bills in progress expand the use of the arbitration institute to the most diverse activities, from private law to public law, including conflicts related to family law, consumer law and tax relations. Therefore, the approval of these projects by the National Congress is urgent, as Brazilian society needs alternative means to resolve the most varied controversies.

CONSUMER PROTECTION IN BEACH TOURISM OBJECTS FROM THE PERSPECTIVE OF MAQASHID SHARIA (STUDY IN THE SUB-DISTRICT OF MIRROR BEACH, SERDANG BEDAGAI DISTRICT)

Activities in tourist attractions pose a risk of danger for tourists, which can impact safety and security, including beach tourism. It must be backed by infrastructure that promotes safety and security in these tourist locations to reduce current risks. Visitors' rights to safety, security, and clear information are guaranteed by Law No. 8 of 1999 on consumer protection and Law No. 10 of 2009 on tourism, specifically Article 20. This study aims to investigate how the Pantai Cermin District's beach attractions' facilities, their consumer protection policies, and the notion of consumer protection as seen through the lens of Maqashid Sharia. This study employs a conceptual framework, a statute-based methodology, and an empirical case-study approach to the law. The results of this study indicate that the facilities at beach attractions in Pantai Cermin Subdistrict still need to fulfil safety and security aspects, such as the unavailability of health clinics, watchtowers, and luggage storage for tourists. In the perspective of maqashid sharia, consumer protection of security and safety in beach tourism is the application of the principles of Hifz al-Nafs (protecting the soul) and Hifz al-Mal (protecting property), so beach tourism managers must provide security, health, and safety facilities for beach visitors.

Consumer Protection for Traffic Accident Victims Due to a collision with an online motorcycle taxi that violates

In the era of globalization, the number of private vehicles is increasingly two-wheeled. Hit-and-run traffic violations in Gelora Karno, Central Jakarta Polrestabes area between scooters against and private motorcycles and traffic accidents between online motorcycle taxis that go against the flow and private motorcycles. This study aims to determine consumer safety standards against traffic accidents caused by online motorcycle taxi drivers. The legal research method that the author uses is empirical juridical, the method is carried out by examining the law or from facts that are actually obtained from the field in the form of information, characteristics and effectiveness. The results of the study concluded that Law Number 8 of 1999 concerning Consumer Protection and Law Number 22 of 2009 concerning Road Traffic and Transportation are regulations that regulate motorists when driving on the highway, through consumer protection efforts and driver legal responsibility designed to reduce the number of traffic violations by conducting frequent socialization and routine patrols every day in the field. The driver is liable based on the category of misdemeanor, moderate or severe against applicable law. Consumer protection is given to victims so that they do not experience trauma and are healthy again.

The Europeanization of Georgian Consumer Law: A Pathway to Harmonization

Abstract On March 29, 2022, the Parliament of Georgia passed the Law on Protection of Consumer Rights, with its primary provisions taking effect on June 1, 2022. By enacting the Law, Georgia has largely fulfilled its commitment under the Association Agreement with the European Union (EU) to implement EU directives governing consumer protection into its national legislation. However, it is essential to recognize that this reform marks just the initial phase of approximation. Challenges persist, especially in relation to European directives concerning the regulation of the digital marketplace. This article aims to provide a concise overview of the reform facilitated by the adoption of the new Law. Moreover, given that only one year has passed since the implementation of the Law, there remains a lack of practical experience or judicial precedent to assess its positive or negative impacts. Academic studies in this direction are also lacking. Consequently, the discussion in this article primarily centers on the novelty and challenges presented by the Law in the light of EU directives.

Penegakan Hukum Jasa Titip (Jastip) Tiket Konser Melalui Website Ilegal Dalam Perspektif Hukum Perlindungan Konsumen

Law enforcement related to concert ticket entrustment services through illegal websites in the perspective of consumer protection law is an important issue in the realm of consumer law. Cases of fraud in the sale of illegal concert ticketing services are being investigated by the authorities, and criminal sanctions can be given to the business actors involved. Legal protection for consumers who have been harmed is also regulated in Law Number 8 of 1999 concerning Consumer Protection, which provides legal consequences for business actors who do not fulfill their obligations, including fines and penalties. In addition, legal protection of consumers also involves coordination with relevant agencies, the delivery of information to increase consumer awareness, and consumer support in fighting for their rights. Therefore, law enforcement in the case of illegal concert ticketing services through the website involves criminal sanctions, legal protection of consumers, and efforts to increase consumer awareness

Existence of Banking Credit Agreement with Standard Clauses Related to the Implementation of Consumer Law Protection in Indonesia

This study examines the existence of banking credit agreements with standard clauses in the context of the implementation of consumer law protection in Indonesia. Standard clauses are often used by banks to regulate the legal relationship between banks and customers. However, the use of this clause often causes problems because it is considered detrimental to consumers. An agreement made by debtors and creditors is a complex series of laws, the emergence of conditions in an agreement that is still standard made unilaterally by business actors in this case, is banking where consumers have to submit and comply with the agreement there are standards clauses contained in a contract in the future making the consumer's position disadvantaged so that The situation possessed by debtors and creditors or business actors and consumers is not equal. This legal situation makes consumer protection law take many roles against violations or unlawful acts committed by debtors or, in this case, business actors. Legal protection for consumers in Indonesia is regulated in Law Number 8 of 1999 concerning Consumer Protection and Renewal in Law Number 4 of 2023. This study aims to analyze the extent to which standard clauses in banking credit agreements affect consumer rights and how the implementation of consumer law protection in Indonesia. The research method used is juridical normative with a qualitative approach. The results showed that although standard clauses aim for efficiency, they often contain unbalanced provisions that harm consumers. Therefore, tighter supervision and clear regulation are needed to ensure better consumer legal protection in banking credit agreements.

EU Sustainability Quest: Possibilities of Consumer Sales

This paper analyses principal incoherence left in EU rules applicable to consumer sales against the background of the European Commission’s sustainability quest, supposedly influencing every area of the Union’s future life, and argues for a possible need for changes in contemporary consumer law in order to achieve a greater environmental good. It covers three key aspects where the Consumer Sales Directive might have done a better job in addressing environmental worries (i. e. legal guarantee term, assessment of remedies, and commercial guarantees), and states that these aspects were not modified to benefit the environment. The article then covers a deeper problem of conflicting aims that cannot be simultaneously upheld (i. e. fostering and curbing consumption at the same time), and challenges that in order to address environmental problems serious reconsiderations of consumer protection might be necessary.

Legalitas Fintech Peer To Peer Lending Pinjaman Online dalam Aspek Hukum Konvensional

Online loans are financial assistance from financial institutions that is done online, which is one proof of the advancement of financial technology (fintech). Online lending or peer to peer lending as a form of financial technology (fintech) is a technological advancement that offers loans with easier and more flexible terms and conditions. The theory used in this research is the theory of legal legality. The theory of legal legality is very relevant to the research made here, because there needs to be legal legality of peer to peer lending in online loans in conventional law considering that the payment system in this illegal online lending and borrowing service has troubled many people, such as intimidative billing, dissemination of personal data, fraud, and sexual harassment through electronic media. The research method used is qualitative descriptive research. The data collection technique or instrument used is library research by studying various books as literature, official documents, laws and regulations, results of previous research, and other literature sources related to the problems studied. The legality of fintech peer to peer lending online loans in the aspect of conventional law is found in the Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services, Law Number: 8 of 1999 concerning Protection of Consumer Protection and Law Number: 11 of 2008 concerning Information and Electronic Transactions and other applicable regulations.

Profitability in rural restaurants and owners' motivation to agritourism: A case from Nepal

AbstractRural Restaurants (RR) are located in rural areas primarily to serve the owner's business interests. However, they also play a crucial role in providing economic opportunities for rural communities and are regarded as a center for rural economy. Rural areas often face challenges such as depopulation due to limited access to public services, inadequate infrastructure, geographical remoteness, economic hardships, educational barriers, and other factors. Thus, this study aims to investigate the profitability of RRs and owners' motivations for agritourism development, as profitability and business expansion are typically positively correlated. Data from 105 samples collected in rural Nepal in 2022 and 2023 were analyzed using Tobit and Ordered Logit regression models, respectively. The study conceptualizes and confirms various contributors to RR profitability, including factors related to the supply side, demand appeal, and those influenced by pandemic‐related factors. Additionally, we explored how owners' motivations for agritourism are influenced by the restaurant's characteristics, quality‐related factors, and other attributes. Policymakers need to support RR owners in developing agritourism initiatives and contribute to quality control through effective enforcement of consumer laws by a responsible and robust quality control team.

The Governance of Algorithms: Profiling and Personalisation of Online Content in the Context of European Consumer Law

This contribution aims at analysing the current European regulatory framework aimed at protecting online users against the risks of digital content profiling and personalisation practices by online platforms.
 Indeed, algorithms exploit human weaknesses and emotions to influence users' purchasing behaviour in a context where the line between mere persuasion (accepted within a certain limit by law) becomes manipulation. After analysing the current regulation on the subject and giving an account of its major criticalities, some final considerations will be provided in order to identify possible future developments in the EU consumer discipline to ensure greater protection against algorithm abuse.

Implementation Protection Consumer Passenger Jabodebek LRT Transportation at Halim Station According to Constitution

One of the advances in transportation technology in Indonesia is Light Rail Transit (LRT), which is one of the most popular means of land transportation. The aim of this research is to implement consumer protection for Jabodebek Halim LRT transportation passengers according to the law. This research uses a sociological juridical method which is included in the descriptive analytical research category with non-random purposive sampling techniques, and the results are evaluated through qualitative analysis. The results of this research discuss consumer protection implemented in LRT transportation services, the responsibility of the Jabodebek LRT for consumer losses and responsibility for the consequences of LRT technical problems which cause delays in departure schedules, material losses or in-material losses based on the provisions of the Law in Number 8 of 1999 concerning Consumer Protection and Law Number 23 of 2007 concerning Railways. Apart from legal products, railway operational operators are responsible for providing minimum service standard operational procedures to consumers at stations and while the LRT is running. This standard covers the safety of a person's life, feeling safe while using LRT transportation, feeling comfortable at the station and during the trip, easy access to ticket purchases, and equal rights as citizens, as well as handling complaints and inconveniences from passengers regarding the services provided.

How to Protect Consumers in the Digital Era: An Example of the Online Choice Architecture

The ongoing process of digitalisation has brought a number of new challenges to the existing regulatory frameworks for consumer protection. One of these major challenges is the phenomenon of the online choice architecture, which is used to push consumers to make specific economic decisions while acting as participants of the digital market. In the majority of cases, such pressures should not be allowed as they rely on consumers’ vulnerability. This paper examines the phenomenon of online choice architecture and the fact that the existing consumer law framework does not provide adequate legal protection to the consumers from online choice architecture, calling for a consumer law reform that would enable better protection of consumers.

REALIZATION OF THE RIGHT TO ENSURE A HIGH LEVEL OF CONSUMER PROTECTION IN THE EUROPEAN UNION

The subject of the article is the realization of the right to ensure a high level of consumer protection in the European Union. The basis for constructing this law is Art. 38 of the Charter of Fundamental Rights of the European Union, the provisions of the Treaty on the Functioning of the European Union and EU directives defining the subject of consumer law. The article discusses the normative basis for the protection of consumer rights in European Union law. Selected standards of consumer rights protection in the case law of the Court of Justice of the European Union were discussed, too. The article also discusses the role of European Union consumer law in realization of the right to consumer protection in the Republic of Poland. According to the author Art. 76 of the Constitution of the Republic of Poland does not provide grounds for constructing a subjective right to ensure a high level of consumer protection. Therefore, the provisions of European Union law and the case law of the Court of Justice of the European Union are of key importance.

LEGAL POLITICS CHILD PROTECTION BASED ON LAW NO. 1 YEAR 2023 ON THE CRIMINAL CODE

The formulation and drafting of Law Number 1 Year 2023 on the Criminal Code (hereinafter referred to as KUHP) is intended to replace the Wetboek van Strafrecht or the Criminal Code as stipulated by Law Number 1 Year 1946 on Criminal Law Regulations which has been amended several times. The effort is carried out in a directed, integrated, and planned manner so that it can support national development in various fields in accordance with the demands of development as well as the level of legal awareness and dynamics that develop in society. Child protection is based on Law Number 1 of 2023 concerning the Criminal Code which stipulates that criminal responsibility cannot be imposed on children who at the time of committing a criminal offense were not yet 12 (twelve) years old, which is an excuse. As well as considering the provisions referred to in Article 51 through Article 54, imprisonment should not be imposed if it is found that the defendant is a child. This research uses the type and type of normative legal research that examines and analyzes legal theories, legal principles and things written in legislation (law in book) and legal literature to answer problem issues. The research method uses a statutory approach (The Statue Approach) and a conceptual approach (The Conceptual Approach). The legal material collection technique used is a literature study document study. The legal materials that have been collected are then processed and analyzed prescriptively with deductive method. Thus, the politics of criminal law underlying the criminal law reform process involves policies in determining whether an act should be considered a violation of the law (criminalization) or not (decriminalization). One important aspect of community protection is the protection of victims and efforts to restore disturbed values in the community. Legal protection is manifested in the presence of various laws and regulations. The forms of protection or categories vary, examples of legal protection include civil law protection, consumer law protection, child protection, and so on