Consumer Protection Law Research Articles

Penerapan Undang-Undang Perlindungan Konsumen Mengatur Tentang Transaksi Bisnis Dengan Menggunakan Artificial Inteligence

The aim of this research is to understand and comprehend the urgency of implementing Artificial Intelligence in service business transactions as well as the application of the Consumer Protection Law in regulating business transactions using Artificial Intelligence. This research was conducted using a type of normative legal research supported by empirical data. In research activities, researchers also use data collection techniques through interviews and documentation. Based on the research that has been carried out, the results show that the implementation of Artificial Intelligence in business transactions provides a number of significant benefits in business. This includes increased operational efficiency, better data analysis, being able to answer messages automatically and the ability to make decisions in a more timely manner. In addition, the application of the Consumer Protection Law in business transactions using Artificial Intelligence is very important to maintain consumer rights and security.

Legal Protection for Consumers Who Use Electronic Wallets (E-Wallets) As a Means of Payment

This research aims to explore and analyze the legal protection of e-wallet applications as a means of payment, as well as factors that influence the use of e-wallets in transactions. The research method used is normative legal research, which relies on the analysis of library materials and secondary data, taking into account the suitability between the theory applied and the relevant legal aspects. The results of this study indicate that to achieve legal protection against e-wallet applications as a means of payment there are two significant things. The first is the legal protection given to customers in cases of data leakage, regulated in Law Number 8 Year 1999 concerning Consumer Protection. Second, the obligations of digital wallet service providers to customers related to financial losses are regulated in Article 7 Letter f of the Consumer Protection Law.

The Law Enforcement of Guarantees Halal Products in Indonesia

Law No. 33 of 2014 concerning GUARANTEES Halal Products states that products that enter, circulate, and are traded in the territory of Indonesia must be halal certified, except for products with ingredients that are prohibited. Business actors who do not carry out their obligations in halal certification can be subject to administrative sanctions and criminal sanctions. Based on the provisions above, law enforcement for Halal Product Guarantee must at least look at the factors of legal certainty, enforcement officers, facilities, culture and society. The main problem in this research; First, how is the JPH law enforcement process considering that until now there are still many industrial products that have not carried out halal certification. Second, how are the procedures for applying criminal or administrative sanctions applied to products that violate the provisions of halal certification. This study aims to determine the law enforcement of halal product guarantees in Indonesia in terms of the aspects of legal certainty, justice and benefits for all economic actors in Indonesia. This study uses the method of literature review (library research), namely research based on the opinions of legal experts. The research results conclude that; first, in the process of enforcing the law on halal product guarantees, it refers to other provisions that have been presented by the government, such as PP No. 31 of 2019, PP no. 39 of 2021, Minister of Religion Regulation No. 26 of 2019, Law no. 21 of 2000, Law no. 8 of 1999. As of October 17, 2024, the imposition of sanctions on business actors who do not yet have halal certification has not been enforced, however, products that already have halal certification but commit serious violations by using illegal substances can be subject to criminal provisions since Law Number 33 of 2014 was declared effective (5 Years after stipulation). Second, criminal provisions for violations of halal-certified products can refer to Article 4a, Article 7, Article 8f, and Article 62 paragraph (1) of the Consumer Protection Law. Settlement of the criminal case also refers to the provisions of the criminal procedural law which are the territory of the general court

SERVICE QUALITY AND CONSUMER PROTECTION LAWS IN THE PARKING INDUSTRY: AN IMPLICATIONS FOR CONSUMER SATISFACTION

The examination of consumer protection laws in the parking sector in Ambon constitutes the primary focus of this study, emphasizing the breaches in service quality that result in customer discontentment and unfavorable perceptions of service provision. Employing the SERVQUAL framework, the study delves into the identification of the five pivotal dimensions of service quality pivotal to customers, encompassing tangibles, reliability, responsiveness, assurance, and empathy. Employing a qualitative research methodology, the investigation scrutinizes both customer and parking attendant experiences, endeavoring to discern the underlying factors contributing to service quality transgressions within the industry. The research findings underscore the pressing necessity for enhanced implementation and enforcement of consumer protection regulations, alongside the establishment of efficient complaint resolution mechanisms to address customer grievances. Furthermore, the study elucidates various factors contributing to service quality violations, including deficient training protocols, absence of licensing requirements, and ineffective regulatory frameworks. It advocates for proactive measures by policymakers and employers to rectify these issues, emphasizing the imperative of adequately training, equipping, and licensing parking attendants to ensure the delivery of exemplary service standards to customers.

Legal impact and urgency of protection for users of illegal online loan services

This study aims to identify legal sanction against illegal lending providers in Indonesia and examine legal protection for users of illegal online loan services. The research method used is a normative legal approach with a focus on analysis of applicable laws and regulations. Indonesia has a number of legal sanctions that have been imposed on illegal loan organisers, including suspensions of operations, administrative sanctions, and even criminal penalties under the Law and OJK Regulations. These measures aim to protect the public from illegal practices that can harm them financially and socially. On the user side, legal protection is regulated by POJK 77/2016 and the Consumer Protection Law, which provides consumer protection facilities such as complaint services and legal defence. Even though there are regulations that have been implemented, illegal loan services remain a problem because they offer loans without official permission, take advantages of people’s lack of financial literacy, and create the risk of uncontrolled lending. The importance of understanding and complying with the rules and laws that apply in lending services is the key to avoiding legal risks and financial problems

Legal Protection of Consumers on the Sale of Vitamin D3 Without a Distribution Permit BPOM in the Digital Marketplace

Digital trade has resulted in many health products being sold online through marketplaces. According to the facts that have occurred, several vitamin D3 that do not have distribution permits or imitations are sold in the digital marketplace. Vitamin D3 without a distribution license or imitation certainly causes harm to consumers. This is because the products received do not contain the proper composition of vitamins and can endanger human health. The purpose of writing is to forms of legal protection for consumers who are harmed and settlement of consumer disputes that are harmed due to vitamin D3 without a distribution permit in the digital marketplace. The approaches used are statutory approach and conceptual approach. Internal legal protection is obtained from agreements in the marketplace. External protection for consumers who are harmed by vitamin D3 without a distribution permit can use Article 143 of Law No.17 of 2023 concerning Health and Article 4, Article 8, Article 19 of the of the Consumer Protection Law and Article 1365 of the Civil Code that business actors must be responsible and fulfill consumer rights in getting returns as before. However, consumer legal protection for the sale of vitamin D3 in the digital marketplace is not optimal because it is influenced by factors of legal substance, legal structure and legal culture. Dispute resolution can be filed by consumers in non-litigation through BPSK and litigation through the court.

Customized financial literacy: a boon for universal financial inclusion of PWDs post COVID-19 pandemic in developing countries

PurposeCurrently, consumers of financial products and services have become more vulnerable to predatory financial institutions, especially in the aftermath of Covid-19 pandemic. Therefore, financial consumers like the persons with disabilities (PWDs) should be equipped with knowledge and skills to help them to evaluate complex financial products on offer in financial markets, especially in developing countries to avoid being victims of fraudulent lending. The purpose of this study is to establish whether customized financial literacy mediates the relationship between financial consumer protection and financial inclusion of PWDs’ owned MSMEs in rural Uganda post Covid-19 pandemic.Design/methodology/approachSmartPLS 4.0 was used to construct the measurement and structural equation models to test whether customized financial literacy significantly mediates the relationship between financial consumer protection and financial inclusion of PWDs’ owned MSMEs in rural Uganda post Covid-19 pandemic.FindingsThe results revealed a partial mediating effect of customized financial literacy in the relationship between financial consumer protection and financial inclusion of PWDs’ owned MSMEs in rural Uganda post Covid-19 pandemic. Conducting customized financial literacy increases financial consumer protection by 12 percentage points to promote financial inclusion of PWDs’ owned MSMEs in rural Uganda post Covid-19 pandemic.Research limitations/implicationsThis study focused only on customized financial literacy and financial consumer protection to promote universal financial inclusion of PWDs’ owned MSMEs post Covid-19 pandemic. Future studies may use data collected from other vulnerable groups amongst the unbanked population in developing countries, Uganda inclusive. In addition, this study also collected only quantitative data from the selected population. Further studies can be conducted using key informant interviews and focused group discussion to get the perceptions of the PWDs on being protected from exploitation by unscrupulous financial institutions.Practical implicationsThe findings from this study can help policymakers in developing countries like Uganda to revise the existing consumer protection law to include strong clauses on protection of people with special needs like the PWDs. The law must ensure that they are not exploited by financial institutions because of their conditions. The law ought to make sure that the PWDs are educated about their rights in the financial market place and all information on financial products offered by financial institutions should be simplified and interpreted to them before they make consumption decisions.Originality/valueTo the best of the authors’ knowledge, the present study is amongst the first few studies to provide a meticulous and unique discourse on the ever increasing role of financial literacy combined with consumer protection to reduce consumption risks within the financial markets, especially in developing countries in the aftermath of global pandemic shocks. This study uses the social learning theory, theory of reasoned action and theory of planned behaviour to elucidate how customized financial literacy can enhance consumer protection to increase financial inclusion of groups with special needs like the PWDs who have become more susceptible to exploitation by unscrupulous financial institutions in under-developed financial markets, especially in post Covid-19 pandemic.

PERLINDUNGAN HUKUM TERHADAP PELANGGAN TERKAIT PENERAPAN PERJANJIAN BAKU SEKTOR PELAYANAN PUBLIK.


 
 
 
 This study examines aspects of legal protection for customers in the context of the application of standard agreements in the public service sector. In an effort to provide public services, standard agreements are often used as a legal basis, but this can lead to potential inequalities between service providers and customers. The focus of the study includes the analysis of applicable legal provisions to protect the rights of customers in the public service sector standard agreements, with emphasis on the effectiveness of the protection provided. The research method involves a normative legal study approach to explore various regulations relating to customer protection in the public service sector standard agreements. Furthermore, case studies are used to illustrate the implementation of the raw Agreement and its impact on customers. Thus, this study aims to provide a deeper understanding of the effectiveness of legal protection for customers, with the hope that the results can contribute to improving regulations that pay more attention to customer rights, improve welfare, and ensure justice in public services. The result of this study is the application of standard agreements in the public service sector, as stipulated in Law No. 8 of 1999 on Consumer Protection, confirms that consumer protection is the responsibility of all citizens of Indonesia in accordance with national development goals in the Preamble to the 1945 Constitution. In the midst of the drive to achieve high economic profits and fierce competition, some business actors tend to act fraudulently, harming the interests of consumers. Therefore, legal protection in the public service sector for customers is regulated through standard clauses, which are rules and conditions set by business actors, although consumer protection laws have prohibited the use of standard clauses. Ironically, the conditions in the community indicate that standard agreements are still often used by business actors or entrepreneurs.
 
 
 

Legal Comparison of Standard Clause Regulations in Indonesian and New Zealand Consumer Protection Laws

Legal Comparison of Standard Clause Regulations in Indonesian and New Zealand Consumer Protection Laws

Analysis of the Application of Article 18 of the Consumer Protection Law in Tourism Services

The focus of this research is to reveal the extent to which the provisions of Article 18 UUPK have been implemented by tourism businesses to protect consumer rights and security. The research method uses an empirical sociological approach which uses field data as the main data source, such as the results of interviews, observations and documentation. The results provide a comprehensive picture of the practice of implementing Article 18 UUPK in the tourism services sector. These findings involve evaluating the transparency of information, security, and quality of services provided to consumers. That the main obstacles and challenges lie in human resources, and the factor of lack of awareness on the part of tourism actors. It is hoped that this in-depth study can contribute to improving policies and implementation of Article 18 UUPK, as well as increasing consumer protection in the context of tourism services.

Perlindungan Hukum Konsumen dalam Jual Beli yang tidak Sesuai Dengan Perjanjian pada Transaksi E-Commerce

Advances in information and communication technology (internet) are not only to find various information, but some people make it a medium for conducting transactions in e-commerce. The positive aspects of e-commerce transactions, in addition to saving time, are also more certain prices, but that does not mean without weaknesses; for example, the goods purchased are not as promised. Of course, this harms consumers, so there are disputes between consumers and business actors. Therefore, there needs to be legal protection, considering that consumers are often positioned as weak parties. This study examines whether the elements in e-commerce transactions meet the aspects of buying and selling in the Civil Code and how the Consumer Protection Law provides legal protection if the goods purchased by consumers are not by the agreement. This research is a normative legal research using a statutory, concept, and comparative approach. Legal materials are collected through literature research. Legal materials are analysed by quoting and reviewing relevant articles of laws and regulations. At the same time, the opinions of scholars are cited and used as a theoretical basis to answer research questions.The results of the discussion of research problems can conclude that the main elements in e-commerce transactions are buyers, sellers, goods and prices by the aspects of buying and selling in the Civil Code. Still, in e-commerce transactions, additional parties are involved, namely intermediaries. For consumers who feel aggrieved because the goods purchased are not by the agreement, the form of legal protection is to be able to claim compensation through litigation or non-litigation channels.

Bibliometric Study on Consumer Protection Law in the Global Business Context

This bibliometric study delves into the realm of consumer protection law within the global business context, offering a comprehensive analysis of its historical evolution, research themes, temporal trends, influential authors, and prospective research directions. Spanning from 1951 to 2024 and encompassing 980 papers with 6,312 citations, the study illuminates the intricate web of academic literature. It identifies clusters of research themes, showcasing the field's interdisciplinary nature, and sheds light on emerging topics such as data protection and Islamic law in consumer protection. Notable authors and collaborations are highlighted, providing insights for scholars and policymakers, and emphasizing the global perspective in addressing consumer rights challenges in today's interconnected world.

Kedudukan Pemegang Polis dan Pekerja Dalam Hal Terjadinya Kepailitan Pada Perusahaan Asuransi

The aims of this study are 1) to find out and analyze the legal position of policy holders and workers according to laws and regulations in Indonesia, 2) to find out and analyze the regulations regarding protection for policy holders and workers who have provided legal protection or vice versa. This research uses normative juridical research methods with statutory and conceptual approaches. Based on the research results obtained, it can be seen that the position of policy and workers holders in insurance companies that are declared bankrupt through decisions determined by the commercial court is as preferred creditors. In this case, there is a conflict regarding the fulfillment of the rights of policy holders and workers, so to resolve the problem of conflict, legal principles are needed. In this case, the principle of lex posterior derogat legi priori is used, namely that new laws and regulations override old laws and regulations. The Insurance Law is a longer statutory regulation than the Job Creation Replacement Law, so the position of workers in insurance companies that are declared bankrupt has a higher position than the position of policy holders. In terms of the order of fulfillment of rights between the policy holder and the worker, the worker must be paid first. The forms of legal protection for policy holders are regulated in the Civil Code, POJK Insurance and Marketing of Insurance Products, OJK Law, Consumer Protection Law, Bankruptcy and PKPU Law, and Insurance Law. Legal protection for workers is regulated in the Civil Code, Bankruptcy and PKPU Law, PP on Wages, Job Creation Replacement Law, and Constitutional Court Decision Number 67/PUU-XI/2013.

Analysis of the Impact of Revisions to the Consumer Protection Law in the Digital Era

The development of digital technology has brought significant changes in various aspects of life, including trade transaction patterns. The digital era opens up new opportunities for businesses and consumers, but on the other hand, it also presents new challenges in terms of consumer protection. This research aims to analyze the impact of the revision of the consumer protection law in the digital era. This research uses a qualitative method with a case study approach. Data was collected through interviews with legal experts, businesses, and consumers, as well as analysis of related documents. The research results show that the revision of the consumer protection law has had both positive and negative impacts. The positive impact is that the revision of this law strengthens consumer rights and provides legal certainty in digital transactions. The negative impact is that the revision of this law still has several weaknesses in its implementation.

Legal Framework for consumer Data Protection For Digital Business SMES in Indonesia

Objective: The development of digital business in Indonesia has increased significantly. It is estimated to be more than US$ 77 billion by 2022, an increase of 22% from the previous year. The contribution of 64.2 million MSMEs to Indonesia's GDP was recorded at > 60 per cent. However, the development of information technology and the considerable potential of the digital economy are also accompanied by several negative impacts, including threats to citizens' privacy rights and personal data. However, not an absolute human right, protecting privacy remains crucial in this digital economy era. Method: The study used a seven-step approach. The first is the collection of data from primary and secondary legal materials; the second step is to filter this data based on policies related to data privacy, especially for consumers who conduct digital transactions in the jurisdiction of Indonesia. These policies are then sorted according to the criteria that have been filtered. The on-site policy is then compared to the benchmark policy. This comparison will show the gap between effective regulation and Indonesian legislation on digital business and MSME consumer data privacy. This gap is verified by Indonesian law and legal experts to eliminate false positives. Finally, a proposed set of guidelines was designed based on expert-verified benchmarks and gap policies Result: This is where legal protection is essential for consumers who transact with digital businesses. So that it can protect legal subjects through applicable laws and regulations and forced implementation with a sanction, legal protection Conclusion: Legal protection for consumers, especially consumers who make digital transactions, has been regulated in the Consumer Protection Law. However, this law generally only regulates conventional consumer transactions manually, whereas in trading, there is a meeting between traders and buyers.

Legal Responsibility of the Insurance Company for Unpaid Participant Claims

Insurance is a financial institution that has a vital role in the economy. Insurance protects the public from various risks, such as accidents, illness, and death. The insurance company must pay claims to insurance participants who experience losses in an insurance agreement. However, in practice, claims are often rejected by insurance companies. The purpose of this research is to analyze the legal responsibility of insurance companies for unpaid participant claims. This research uses normative legal research methods. Research data was obtained through a literature study. Research data was analyzed qualitatively using descriptive analysis methods. The research results show that insurance companies that reject insurance participants' claims can be subject to civil and criminal legal responsibility. If the participant's claim is not paid, the participant can file for bankruptcy through court. The regulations that provide the legal umbrella for protecting insurance participants consist of Law Number 8 of 1999 concerning Consumer Protection, Law Number 40 of 2014 concerning Insurance, Decree of the Minister of Finance No. 422/KMK.06/2003 concerning the Implementation of Insurance Business and Reinsurance Companies, and Financial Services Authority Regulation Number 23/POJK.05/2015 concerning Insurance Products and Marketing of Insurance Products. Legal protection for insurance policyholders as consumers are regulated in the Insurance Law and the Consumer Protection Law.

Analysis of Cooking Oil Shortage Due to Hoarding in the Perspective of Consumer Protection Law

This research highlights consumer protection against cooking oil shortages due to hoarding. Price regulation, distribution supervision, and Law Number 8 of 1999 concerning Consumer Protection are the main foundations, with the government playing a key role in ensuring availability and reasonable prices. The practice of hoarding has been criticized for harming consumers and creating market imbalances. Consumer education about the economical use of cooking oil is also considered important. This research uses a normative juridical approach and literature study, exploring factors that trigger hoarding such as detrimental business practices and government policies regarding palm oil production. Although law enforcement is often hampered, the important role of government in maintaining market stability and protecting consumers remains the main focus of this research. The novelty in this research makes a significant contribution to understanding market dynamics and the role of government in overcoming the challenge of cooking oil scarcity.

Consumer Protection Laws in Indonesian Commercial Transactions: Safeguarding Business Transactions and Consumer Rights

Purpose: The aim of this research is to explore the importance of consumer protection laws in the framework of commercial transactions. In addition, this research also outlines the concept of consumer protection law, which includes a series of regulations designed to enforce consumer rights in diverse transactional contexts. The focus of the research is on the important role of consumer protection laws from a dual perspective, namely the seller and the buyer.
 
 Theoretical framework: The theoretical framework of this research includes several main dimensions that combine insights from various fields such as law, consumer protection law, consumer behavior theory, business ethics and normative ethics, Corporate Social Responsibility (CSR), and stakeholder theory, and regulation.
 
 Design/methodology/approach: The research design used in this research is qualitative, with a normative legal perspective. This research focuses on Law Number 8 of 1999 concerning Consumer Protection, which is used as the primary data source. The research approach involves exploring the importance of consumer protection laws in commercial transactions. In collecting data, this research refers to various reference sources studied to collect information. These sources include legal textbooks, academic articles, and official works.
 
 Findings: This research shows that sellers who have a good understanding of consumer protection laws are more likely to avoid breaking the law in commercial transactions. Consumer protection laws create a strong foundation for sellers to conduct business ethically. Sellers who comply with these regulations are more likely to prioritize compliance and maintain high standards of business ethics. The research results show that understanding of the law by sellers is related to the quality of information provided to consumers.
 
 Research, Practical & Social implications: The practical implication of this research is that sellers can take concrete steps to prevent legal violations by better understanding and following the provisions of consumer protection laws. The practical implications of this research emphasize the need for an educational approach to sellers to increase their understanding of consumer protection laws. This can be done through training and easily accessible resources.
 
 Originality/value: This research contributes to the understanding of the concept of consumer protection and how its implementation influences business practices. The value of this research lies in emphasizing the importance of understanding consumer protection laws for both parties, sellers and buyers, in achieving fair and safe commercial transactions.

LEGAL PROTECTION OF CONSUMERS REGARDING ILLEGAL ONLINE COSMETIC DISTRIBUTION IS REVIEWED FROM LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION

The writing of this scientific paper entitled "Legal Protection of Consumers Regarding the Distribution of Illegal Cosmetics Online given Law no. 8 of 1999 concerning Consumer Protection" aims to find out generally and broadly about cosmetics, why illegal cosmetics can circulate online, the distribution of illegal cosmetics according to applicable law. We need to know what illegal cosmetics mean. Considering the large number of Indonesian women's interest in using beauty products, online business people are flocking to produce their products in various ways, including online marketing. However, on the other hand, due to tight business competition, online business actors act in bad faith by illegally marketing cosmetic products. Just like women, men also use cosmetic products to increase their self-confidence. Many factors cause consumers to use beauty products without knowing the consequences they will get. One of the factors is the need for more consumer education and knowledge regarding illegal cosmetics sold online and sold freely through online sites based on the provisions of the Consumer Protection Law. This research aims to examine and analyze the problem of legal violations for naughty business actors regarding the distribution of cosmetics. This research was carried out normatively, namely library legal research, which refers to consumer legislation. This research focuses on determining legal protection for consumers who use illegal cosmetics sold online. Cosmetics are produced to beautify a person's appearance. However, recently, many cosmetics sold online do not have a circular from BPOM, thus endangering consumers who buy beauty products online.

The Urgency of Comprehensive and Integrated Digital Asset Regulation

Cryptocurrency has grown rapidly since it was first introduced to the public. Many countries, including Indonesia, have begun to adopt special regulations for cryptocurrencies in response to the exponential growth and penetration of cryptocurrencies in the traditional financial system. Regulations aim to protect investors, ensure economic stability, and prevent illegal activities such as terrorism, money laundering and tax evasion. In January 2023, Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector ("UU P2SK") was enacted as a form of financial sector reform. Starting January 2025, regulation and supervision of cryptocurrency transactions will be carried out by the Financial Services Authority (OJK) replacing the Commodity Futures Trading Supervisory Agency (Bappebti) which has established several regulations regarding Crypto assets. But until now There are no regulations regarding permits or prohibitions for influencers/celebrities in marketing crypto assets via social media or other media to the public even though these regulations are needed to mitigate the incidence of victims and losses, as in several cases that have occurred. In the future, a comprehensive and integrated regulation is needed with other laws and regulations such as the Terrorism Law, the Money Laundering Crime Law, the Consumer Protection Law, the ITE Law, the Criminal Code and other related laws and regulations, in order to keep up with the rapid development of cryptocurrency and the changing character of the digital world. global and borderless.