Consumer Protection Law Research Articles

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.

Гражданско-правовые услуги как благо и как объект гражданских прав

Despite the constant expansion of the range and quantity of goods produced in the world, the services market is currently developing at a faster pace, among which, in the context of the digitalization of the economy, services in the field of e-commerce, banking, the use of digital rights and others account for an increasing share. With the increasing role of services in all spheres of society and, practically, every person, both the nature and features of services as an object of civil turnover, their classification remain the subject of long-term discussions, which necessitates a comprehensive study of services, the features of their legal regime and their place in the system of objects of civil turnover. In order to study the essence and legal nature of services in more depth, the author’s attempt to consider services according to the following scheme is interesting: the good (as a philosophical category) – the object of law (as a category of legal theory) – the object of civil rights (as a category of civil law) – the services themselves. Additionally, the regulatory framework surrounding service provision encompasses various legal instruments, including consumer protection laws, industry regulations, and professional standards, aimed at safeguarding the interests of all parties involved. In conclusion, services occupy a unique position within the legal landscape as both goods and objects of civil rights. By examining services through the lens of philosophy, law, and civil rights theory, it is possible to gain a deeper understanding of their nature, characteristics, and legal status. Moving forward, it is imperative to continue exploring the evolving role of services in the digital economy and adapting legal frameworks to address emerging challenges and opportunities in service provision.

Protection of Consumer Rights in Online Transactions from the Perspective of Positive Law on Consumer Protection and the Compilation of Sharia Economic Law

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.

Application of the Consumer Protection Law in Electronic Transactions

Application of the Consumer Protection Law in Electronic Transactions

Legal Protection for Consumers against Food Products not Labeled Halal (Study at Karang Bongkot Market, Labuapi District West Lombok Regency)

This research aims to analyze the form of legal protection for consumers for food products that are not labeled halal. The research method used is empirical legal research, using a conceptual approach, a statutory approach and a sociological approach. Legal protection in the case of food products not labeled halal can be classified in two ways, namely the first by looking at the existence of the Consumer Protection Law which provides guidance and education to consumers to become smarter and more careful consumers in choosing the products they want, p. it can be classified into preventive legal protection. Repressive legal protection, namely the final form of legal protection provided by the State, which can be in the form of fines, imprisonment or other punishments, is by providing legal responsibility for business actors who still do not provide a halal label on their products. We can find legal protection for consumers in the Consumer Protection Law (lex generalis) and the Halal Product Guarantee Act (lex specialist). The protection provided is providing legal responsibility to business actors by imposing administrative sanctions in the form of fines, temporary suspension of production and/or distribution activities, withdrawal from circulation, compensation and even revocation of permits.

Jordanian Legal Systems Regarding Refund and Replacement in Online Trade Contracts: A Comparative Analytical Study

The birth of the internet has resulted in a rapid increase in online shopping activities. Despite the convenience of online shopping for sellers and buyers, various problems have emerged, harming consumers. Strong consumer protection is vital because goods traded online can not directly or physically be viewed or touched. The present study explored the legal provisions concerning refund or goods replacement within the online trade contract. Jordan currently lacks a law specifically for online trade, while e-commerce in Jordan is mainly governed by three laws, namely, the Jordan Civil Law 1976, Consumer Protection Law 2017, and Electronic Transactions Law 2015. E-commerce laws in the United Kingdom, France, Indonesia, and Malaysia were analyzed and compared with relevant Jordanian laws to examine the topics of refund and goods replacement in online trade contracts. Jordanian legal systems have been insufficient in guaranteeing consumers’ right to obtain refunds, goods, or services replacement from the provider or seller in online trade. Jordan thus needs to set up a special law on online trade that also legally covers matters of refunds and goods replacement.

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

Industrial growth in Indonesia creates challenges for consumers when companies go bankrupt, which often hampers the process of returning consumer rights. Legal protection regulated in the Consumer Protection Law is important for creating a healthy economy and empowering consumers. However, legal uncertainty in resolving disputes between bankrupt business actors and consumers is still a concern. Therefore, this journal aims to provide an in-depth understanding of a fair solution for both parties. The type of research method in this writing is qualitative with document type. Qualitative research is a type of research whose results are not based on statistics or other calculations. The instrument of qualitative research is the researcher himself. The results of this research are that the resolution of consumer disputes when a company goes bankrupt is based on the Consumer Protection Law, strengthening legal protection for consumers. Steps include consumer empowerment and efficient dispute resolution, both outside the courts and through court processes, with the government playing an active role in guidance and supervision. Even though the company goes bankrupt, consumers still have the right to obtain compensation according to the law, with options such as small claims claims, legal standing for consumer protection agencies, and class actions. This all aims to ensure effective consumer protection and fair law enforcement against business actors who violate their obligations

Perlindungan Hukum Bagi Nasabah dalam Perjanjian Kredit Bank terkait Risiko yang Timbul Akibat Pandemi Covid-19

In the era of modern economic life, banking institutions in Indonesia have a very crucial role in the national financial system. Services provided by the bank to the public are money transfer services, collection services, savings and loan services and others. The condition of the banking world in Indonesia has undergone many changes from time to time. This study aims to find out how to regulate legal protection for bank customers and how to form legal protection for customers in credit agreements related to risks arising from the covid-19 pandemic. This study uses a juridical-normative research method. The results of the study show that the regulation of legal protection for customers during the Covid-19 disaster is the Civil Code, Bank Indonesia Regulations, Consumer Protection Laws and Financial Services Authority Regulations. The implementation of legal protection for customers against the COVID-19 pandemic is quite good. This is indicated by the Bank's compliance with all forms of regulations made by regulators including the government. The conclusion from this research is that the policy and implementation of law enforcement in legal protection for customers in a state of the Covid-19 pandemic disaster is carried out quite well by the Bank. The suggestion from the author is that there should be more detailed regulations regarding customers when experiencing a disaster or pandemic and it is hoped that banking institutions carry out the mandate of the Financial Services Authority Regulation.

Analysis of Excise Policy on Sweetened Packaged Drinks (MBDK): Consumer Protection Legal Perspective

This research aims to analyze health policies related to excise on sugary drinks and packaging labeling regulations, with a focus on public health implications in Indonesia. Normative research method to analyze Consumer Protection Laws and regulations from other countries that have implemented excise taxes on sweet drinks in an effort to reduce excessive sugar consumption. Supporting data from other countries includes the implementation of excise tax on sugary drinks, its impact on people's consumption patterns, and evaluation results related to reducing the prevalence of diabetes. This research uses a comparative approach to evaluate the effectiveness of sugary drink excise policies and labeling regulations on product packaging in reducing sugar consumption in various country contexts. Countries that implement excise taxes on sweet, high-calorie drinks have succeeded in reducing the prevalence of diabetes by influencing consumer behavior to choose products with lower sugar content. Countries that have implemented excise taxes on sweet, high-calorie drinks generally have a significant positive impact on reducing the prevalence of diabetes in society because they influence people's purchasing behavior to prefer healthier foodstuffs (lower sugar content). Therefore, legal reconstruction is needed regarding the application of excise and labeling regulations on product packaging regarding sugar content information with certain classifications for sweet drinks in order to reduce the prevalence of diabetes in Indonesia. It is hoped that the results of this research will provide insight to the Indonesian government in developing effective strategies to reduce the prevalence of sugar-related diseases and improve overall public health.

Model of Legal Protection in E-commerce Transactions to Improve the Community Economy in Indonesia

Increasingly rapid technological advances, today's transactions can purchase goods easily from their own homes through e-commerce electronic commerce. The aim of this research is to provide protection to the community if they experience problems and to help consumers in cases where there is a loss in e-commerce transactions in order to support the government in improving the economy of the community in Indonesia. Based on Law no. 8 of 1999 concerning consumer protection which applies to e-commerce transactions carried out via the internet as a platform for upholding consumer protection, this research uses a normative juridical approach by examining literature and written law to connect consumer legal protection models with real world situations. Goods transactions occur online, public spaces that are vulnerable to legal problems prevent business actors from committing fraud in electronic transactions because of the many platforms available. Consumer protection laws will also protect consumers and prevent mistakes in doing business.

An analysis of the abolition of premium motor spirit (PMS) subsidies in Nigeria: a breach of social contract or climate change action?

The study examines the payment of fossil fuel subsidies made in Nigeria on petrol, with an analysis of the laws governing its payments. It explores the reasons for the removal of the petrol subsidy and examines the merits advocated by proponents of its elimination. Additionally, it investigates the diverse pricing methods employed for petroleum products. Employing a doctrinal legal research methodology, the article relies on the existing primary and secondary sources of laws to provide insights for the reforms. The study concludes with recommendations such as the implementation of a mixed economic system, reinforcement of trade laws, consumer protection and competition laws, improvement of transparency and accountability, promotion of investments in local refineries, adoption of cleaner alternative energy sources such as renewable energy sources by adopting the global energy transition agenda, and provision of palliatives. The findings unravel the complexities surrounding petrol subsidy payments which have occasioned corruption, rent-seeking activities and insufficient utilization of clean sources of energy. A significant gap exists in Nigeria’s energy sector compared to the selected case study countries. The study provides valuable insights for policymakers and stakeholders. The recommendations promote transparency, and accountability and will facilitate the necessary reforms for sustainable downstream petroleum industry and global energy security.

Business Responsibilities for Food Products in the Don't Have Self Declare Category Halal Label (Case Study in Mataram City)

This research aims to analyze the responsibility of business actors towards ingredients that do not yet have a halal label according to positive law and to analyze the inhibiting factors in the responsibility of business actors towards self-declared food products. which does not have a halal label in Mataram City. By using empirical normative legal research methods. The results of this research show that to protect consumer rights, the Consumer Protection Law Number 8 of 1999 and other laws and regulations apply administrative and criminal sanctions to business actors, if business actors are proven to have violated the regulations that have been established in carrying out their activities. or offer its products. Materials that do not yet have a halal label according to positive law, as in Article 8 paragraph (1) letter h UUPK, stipulate that business actors are prohibited from producing and/or trading goods. As stated in the "halal" statement on the label. And Article 4 of Law Number 33 of 2014 concerning Halal Product Guarantees states that products entering, circulating and being traded in Indonesian territory must be halal certified. With this article, all products circulating in Indonesia must have a halal certificate, without exception, products from Micro, Small Enterprises (UMK) which should also have a halal certificate because they are already circulating on the market. Legal responsibility for business actors who do not yet have a halal label for their products. Administrative/administrative sanctions are given , namely sanctions imposed due to administrative violations or legal provisions of an administrative nature, up to fines, revocation of certificates and/or permits, temporary suspension of administrative services up to reduction of production quotas. Inhibiting factors in the responsibility of business actors for self-declared food products which do not have a halal label in Mataram City, the inhibiting factors consist of two factors, namely: a. Internal factors consist of business actors' knowledge of halal certification, knowledge of halal certification obligations and certification costs. b. External factors consist of lack of socialization from the Halal Center Institute at UIN Mataram and lack of consumer awareness.

Comparison of Product Liability in Indonesian and Spanish Consumer Protection Law

This article examines a comparative study of the concept of product liability in the consumer protection laws of Indonesia and Spain.This research aims to describe the regulation and implementation of product liability in Indonesian and Spanish legislation particularly. Both countries already have consumer protection laws that regulate liability for defective products. The concept of product liability has long been applicable in consumer protection law in Spain, unlike in Indonesia. The research results show that protection against defective furniture products in Indonesia's consumer protection law is still limited to users, although it could harm other non-users. Using doctrinal research methods and a comparative approach.. The result of the comparative legal analysis can be an input in the development of national law of Indonesia.

Application of Federated Learning for Smart Agriculture System

This article examines a comparative study of the concept of product liability in the consumer protection laws of Indonesia and Spain.This research aims to describe the regulation and implementation of product liability in Indonesian and Spanish legislation particularly. Both countries already have consumer protection laws that regulate liability for defective products. The concept of product liability has long been applicable in consumer protection law in Spain, unlike in Indonesia. The research results show that protection against defective furniture products in Indonesia's consumer protection law is still limited to users, although it could harm other non-users. Using doctrinal research methods and a comparative approach.. The result of the comparative legal analysis can be an input in the development of national law of Indonesia.

Healthier Food Choices: From Consumer Information to Consumer Empowerment in EU Law

This article evaluates the European Union’s efforts to regulate consumer food information with the aim of improving consumer nutrition as part of its broader consumer protection agenda. With nearly a million deaths attributed to unhealthy diets annually, the EU’s New Consumer Agenda, its Farm to Fork Strategy, and Europe’s Beating Cancer Plan all highlight the objective of empowering consumers to make informed, healthy food choices. This underscores the EU’s longstanding emphasis on regulating information to protect consumers, an approach which is even stronger with nutrition more specifically. This article shows that the EU food information law is based on two beliefs. First, consumers are given food information that is sufficient, accurate, non-misleading, clear and easy to understand and they are, therefore, well-informed. Second, well-informed consumers are empowered. This article argues that both of these beliefs are misguided. The current food information rules do not truly inform consumers well and do not, on their own, empower consumers to make healthy dietary decisions. Consequently, this article expresses scepticism about the ability of the current rules to promote improved nutrition. In light of the critiques of the current rules, this article offers suggestions for an improved food information paradigm. In addition to rules that would more effectively inform consumers, such a paradigm would acknowledge the limitations of information to empower healthier food choices and, therefore, give greater weight to more substantive interventions. This would align food law with broader trends in consumer protection law and thereby genuinely promote healthier nutrition.

Virtual Police: Guardians of Security and Consumer Protection in the Era of Electronic Information and Transactions

In the digital era, cybersecurity is an important issue that requires a comprehensive and multi-dimensional approach. Virtual Police, as an initiative of POLRI, plays a vital role in combating cybercrime and maintaining digital security in Indonesia. However, challenges and obstacles related to human rights, privacy, and consumer protection must be considered. The results of this study relate to the implementation of Virtual Police must be carried out by considering the values of Pancasila and the 1945 Constitution of the Republic of Indonesia, as well as regulations such as the ITE Law and the Consumer Protection Law. In addition, increasing public awareness and education about cybersecurity is essential. Cooperation between the government, the private sector, and the community is vital in achieving a safe and inclusive digital environment. By doing so, we can ensure that everyone can enjoy the benefits of digital technology without fear of cybersecurity threats. Despite progress, Indonesia must continue strengthening cybersecurity by improving technology, public education, and cybersecurity. Despite this progress, Indonesia needs to continue to strengthen cybersecurity by updating technology and public education and always respecting and protecting the rights and privacy of internet users.

Legal Implications of Consumer Protection on Healthcare Access: A Qualitative Study of Consumer Experience in Community Health Centers

This study aims to explore the application of consumer protection law to health access services from the perspective of society. The research method used is qualitative with a descriptive approach. Primary data were obtained through interviews and observations, while secondary data were obtained from relevant literature reviews. The results showed that healthcare users in community health centers experienced variations in satisfaction, selection factors, quality of service, problems faced, and consumer protection. The main factors influencing the selection of a health center are location, quality of service, and reputation. Although most respondents were satisfied with the friendly and efficient service, they also complained of a lack of information and slow administrative processes. Variations in assessments of service quality include medical staff competence, waiting times, and levels of coordination. Problems include excessively long waiting times, lack of clear information, and lack of communication between medical staff and administration. Consumer protection is also a concern, especially related to access to patient rights information and the fulfillment of these rights.

Legal Framework of Medical Negligence in perspective of Human Rights in India: A Critical Appraisal

In today’s context, medical negligence has emerged as a significant concern in India, despite the esteemed status of the medical profession in the country. In India, medical negligence is regarded as both a criminal offense according to the Criminal Procedure Code and a civil liability under Tort Law. The right to health is acknowledged as a fundamental human right. Awareness among the public regarding medical negligence in India is increasing, leading to a better understanding of medical rights. Medical negligence typically results from actions or oversights by healthcare practitioners, often stemming from their limited knowledge or the inadequate availability of medical facilities in hospitals. Consequently, it is imperative for professionals to stay updated on the principles of medical negligence and consumer protection laws, including any relevant amendments, to ensure legal compliance. This paper seeks to explore the concept of medical negligence in depth.

The Extent of the Effectiveness of Consumer Protection Associations' Role in the Iraqi Consumer Protection Law No. 1 of 2010

The Extent of the Effectiveness of Consumer Protection Associations' Role in the Iraqi Consumer Protection Law No. 1 of 2010

The Role of Self-Contained Consumer Protection Services (LPKSM) in Providing Protection to Consumers on The Circulation of Hazardous Drugs

The acute kidney injury cases that occurred recently highlight the urgency of consumer protection issues in Indonesia. The Consumer Protection Law in Indonesia is a preventive effort by the government to provide legal certainty for consumers. LPKSM is mandated by the Consumer Protection Law to provide legal protection to consumers. This research aims to examine the extent of the role of LPKSM in providing protection to consumers. The research method used in this research is normative juridical research. The approach used is a statute approach and a legal concept analysis approach. The technique of collecting legal materials by conducting document studies related to the problems studied and also primary, secondary and tertiary legal materials, then interpreting and reviewing related laws and regulations. Based on the results of the research that has been conducted, consumer protection is an issue that should receive attention from all parties, including the government, society, and business actors. LPKSM is a non-profit institution that, undoubtedly, requires operational costs, which often become a hindering factor in fulfilling its mandate according to the Consumer Protection Law. The government's role is crucial in this regard, specifically in providing financial support to LPKSM to fulfill its duties effectively. In addition to monitoring the circulation of goods and/or services in the market, LPKSM also provides consumer education and has the authority to file lawsuits against businesses that harm consumers.