Legal Protection For Consumers Research Articles

The rights and obligations of consumers, banks and developers in the home purchase agreement through the home ownership loan facility (STUDY PT.PILAR WAHANA SEJATI)

This study aims to (1) Examine and analyze the legal relationship between consumers and developers due to the Home Purchase Agreement. (2) reviewing and analyzing the legal protection of Home consumers due to the obligations of the developer due to the house sale and purchase agreement. The research method used is juridical normative by using conceptual (conceptual approach). Data analysis is done qualitatively by utilizing relevant positive theories and laws. Legal protection of consumers is regulated in law No. 8 of 1999 on consumer protection this law is expected to protect consumers in buying and selling homes through home ownership credit facilities. Based on the rules of law ,then in making the sale and purchase of houses must be made in the form of an authentic deed that is a deed that is made in the form specified by law and made before the competent public officials. Deed of sale and purchase under Article 617 of the Civil Code Kepmenpera number 09/1995 and PP24 / 1997, The Deed of sale and purchase must be signed by the seller and buyer in the presence of PPAT.

Consumer Legal Protection Against Fraud in Ticket Sales Transactions Concerts Through Calo in Indonesia: Case Study of Concert Ticket Sales Fraud

Concert ticket fraud by irresponsible third parties, such as scalpers, often harms consumers. This research analyzes the legal protection that can be provided to consumers who are victims of concert ticket fraud in Indonesia. The main objective of this research is to enrich understanding of consumer legal protection in the context of concert ticket fraud and encourage the creation of a fairer and safer transaction environment. Through a normative-empirical legal approach, this research examines applicable laws and regulations and cases that have occurred. The research results show that consumers have several options to obtain justice, such as filing a civil lawsuit or choosing non-litigation channels such as mediation or arbitration.

Efforts to Improve Legal Protection for Consumers in Electronic Transactions

The field of business law is evolving rapidly, driven by technological advancements. As technology progresses, the law must also adapt to keep pace with the changing times. In Indonesia, the concept of online sales and purchase transactions (e-commerce) has begun to emerge, potentially leading to legal challenges. Consumer protection in Indonesia is governed by Law No. 8 of 1999 on Consumer Protection. This article will provide a brief discussion on consumer protection in e-commerce transactions and explore how Indonesia's legal framework regulates relevant consumer protection laws to address issues between consumers and businesses.

Perlindungan Hukum Pembeli atas Ketidaksesuaian Kualitas Barang dan Jasa Berdasarkan Undang-Undang Perlindungan Konsumen

The development of digital technology has encouraged changes in the way of buying and selling transactions, especially through e-commerce platforms. However, in practice, it is not uncommon for the goods and services purchased to not be in accordance with the quality promised by the seller. This study aims to analyze the implementation of Law No. 8 of 1999 concerning Consumer Protection in protecting buyers from non-conformities in the quality of goods and services. The research method used is a normative juridical approach with secondary data from literature reviews and related laws and regulations. The results of the study show that legal protection for consumers has been regulated, but its implementation still needs to be strengthened, especially in digital transactions. This research is expected to provide recommendations for the government and consumer dispute resolution institutions.

Legal Memorandum on the Legal Protection of Consumers on the Use of Exoneration Clauses by Transportation Services of Rosalia Indah Bus Company in the Case of Theft of Goods Reviewed Based on Consumer Protection Law

This research examines the legal protection for consumers in cases involving the use of exoneration clauses by transportation services, specifically focusing on PO Rosalia Indah's bus service. Exoneration clauses, which limit a company's liability in the event of theft or loss of goods, raise significant concerns regarding consumer rights. This study evaluates whether such clauses comply with Indonesia’s Consumer Protection Law and identifies the legal remedies available to consumers affected by such provisions. The research employs a normative juridical method, analyzing legal texts, including Law No. 8/1999 on Consumer Protection and relevant court rulings, to determine the legality and enforceability of exoneration clauses in transportation agreements. Data were collected through literature reviews of legal documents, journals, and cases related to consumer protection in transportation services. The results indicate that the exoneration clauses used by PO Rosalia Indah violate the principles outlined in the Consumer Protection Law, particularly Article 18, which prohibits businesses from including provisions that reduce consumer rights. It was also found that consumers have the right to pursue compensation through litigation or non-litigation mechanisms, such as the Consumer Dispute Settlement Agency (BPSK). The study concludes with recommendations for enhancing legal frameworks and ensuring that consumer rights are adequately protected in transportation service agreements.

The Existence of Supervision by Non-Governmental Organizations in Providing Legal Protection for Consumers with Bad Credit

Convoluted formal procedures have led to a crisis of public confidence in state institutions, this is what happens with bad credit, in fact the public prefers to take bad credit issues to complain to YLKI rather than going to state institutions that handle consumer protection. This research is intended to examine and analyze the role of Indonesian consumer foundations in providing protection to consumers with bad credit. The research method used is normative legal research which is carried out by conducting research, using library materials or secondary data. This research concludes, first, the problem of consumer protection for bad credit is that the public does not have confidence in resolution through consumer protection institutions under state institutions and through legal action in court as a litigation step. The reason is that complicated bureaucracy and the weak response of state institutions to the issue of bad credit have encouraged the public to choose YLKI to advocate for the issue of bad credit. Second, the existence of supervision by non-governmental organizations since 1970 has been able to respond quickly to consumer protection issues, especially regarding bad credit, namely through advocacy to save bad credit consumers who experience arbitrary collections. The problems experienced by YLKI are a lack of budget and the number of human resources that are unable to keep up with the volume of handling advocacy cases such as bad credit issues, causing YLKI to not optimally handle bad credit cases.

Obstacles in the Implementation of Online Loans in Indonesia (Based on Protection Law Consumer)

Online loans are platforms that allow individuals or businesses to apply for and obtain loans over the internet. Online loans offer convenience and accessibility. However, there are also illegal online loans that are harmful to their users. This is the background for the emergence of two problem formulations, namely how legal regulations governing the practice of online loans and how consumer legal protection in online loans. The research method used is normative juridical. The results found that Financial Services Authority (Otoritas Jasa Keuangan/OJK) as the responsible authority has issued Financial Services Authority Regulations (Peraturan Otoritas Jasa Keuangan/POJK) No. 77/POJK.01/2016 on Information Technology-Based Money Lending and Borrowing Services. However, the implementation and effectiveness of this regulation is still a big challenge. Many online lending platforms operate without a license and ignore the applicable regulations, thus posing a high risk to consumers. Recipients of online loans can be said to be consumers because they are users of a service. In this case, online loan services, consumer protection has been regulated in Law No. 8 of 1999 of Consumer Protection, and regarding consumer protection in online loans has also been regulated in POJK No. 77/POJK.01/2016 and Bank Indonesia Regulation No. 3 of 2023 on Bank Indonesia Consumer Protection, although there are already regulations governing online loan consumers, online loan consumer protection is still a problem because many illegal online loans are always looking for loopholes and circumvent existing regulations.

Perspective of Sharia Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG

Objective: In the practice of digital payment method transactions using QR codes, it is necessary to be careful about counterfeiting QR codes by parties who violate the law or are irresponsible. Theoretical Framework: This research aims to explain and analyze legal protection for consumers in non-cash payment transactions based on QRIS (Quick Response Code Indonesian Standard) Positive Legal Perspective and Sharia Economic Law Perspective with a normative juridical approach. Method: In this research the author uses a statutory approach in carrying out normative research. This approach relies on various legal bases studied, which in this case relate to regulations regarding legal protection for consumers in QRIS (Quick Response Code Indonesian Standard) based non-cash payment transactions, Positive Law and Sharia Economic Law Perspectives. Results and Discussion: Research results Analysis of Legal Protection for Consumers in Non-Cash Payment Transactions Based on QRIS (Quick Response Code Indonesian Standard) Positive Legal Perspective relates to preventive legal protection, apart from the general regulations regarding consumer protection contained in the Consumer Protection Law no. 8 of 1999, for QRIS consumers there are significant regulations that govern. Bank Indonesia has issued Regulations for Members of the Board of Governors 21/18/PADG/2019 concerning Implementation of the National Standard Quick Response Code, Bank Indonesia Regulation Number 22/20/PBI/2020 concerning Bank Indonesia Consumer Protection, Bank Indonesia Regulation Number 18/40/PBI/ 2016 concerning Implementation of Payment Transaction Processing, Bank Indonesia Regulation Number 20/6/PBI/2018 concerning Electronic Money. Research Implications: Then, based on the Sharia Economic Law Perspective, it is reviewed from the sadd dzari'ah theory regarding the collection of personal data, which was originally permitted because it contained benefits, but in terms of the goals to be achieved, it could potentially end in loss and harm if there was no protection from the Government. Originality/Value: Efforts to protect personal data are very important because if it is not regulated by law, there is a possibility of personal data being leaked. Therefore, it is potentially dangerous when the protection of personal data is not regulated in law which is very detrimental to consumers due to the risk of unintentional breaches.

Perlindungan Hukum Konsumen dari Praktik Iklan yang Menyesatkan oleh Pelaku Usaha di Kota Kupang Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen

This study aims to (1) find out the role of business actors in making misleading promotions according to Law Number 8 of 1999 concerning Consumer Protection, and (2) to find out the legal protection for consumers in Kupang City against misleading information provided by business actors through product promotion based on Law Number 8 of 1999 concerning Consumer Protection. This study uses an empirical judiciary method using primary data and secondary data. The results of the study show that (1) The role of business actors in making misleading advertising promotions is depicted in practices such as false advertising, deceptive practices, and fraudulent advertising. Business actors have a role in creating advertisements that do not match reality, providing incorrect information, and manipulating consumers to make purchase decisions without correct information. The impact includes harming consumers, damaging market integrity, and potentially harming the overall business image. Mistakes in this kind of marketing practice not only violate consumer protection laws, but can also shake consumer trust and affect market fairness and integrity, and (2) In the face of misleading information from business actors through product promotion in Kupang City, legal protection for consumers is essential, especially with reference to Law Number 8 of 1999 concerning Consumer Protection. This law provides a legal basis to protect consumers from dishonest and harmful advertising practices. By emphasizing principles such as benefits, fairness, balance, security, consumer safety, and legal certainty, the Act creates a foundation for consumer protection.

Perlindungan Hukum bagi Konsumen terhadap Pelaku Usaha yang Tidak Melakukan Pengumuman Hadiah Hasil Undian Via Media Massa

In the digital era, announcing prize draw results through mass media has become commonplace. However, some business actors do not make such announcements, causing consumers not to know the results of the announced lottery. In this case, legal protection for consumers is crucial to guarantee their rights. Preventive legal protection Preventive legal protection includes providing clear and accurate information to consumers before participating in the lottery. This aims to save consumers from losses that may arise due to ignorance. Meanwhile, there is repressive legal protection, including legal action if the business actor does not publish the lucky draw results. In this case, consumers can sue business actors who do not announce the prize draw results via mass media. In this study, the author will discuss the legal protection of consumers against business actors who do not announce the prize draw results via the mass media. This research uses normative methods based on Law Number 8 of 1999 concerning Consumer Protection. The results of this study indicate that the legal protection of consumers is critical to guarantee their rights and avoid losses that may arise from a lack of understanding.

Legal Analysis of the Consumer Protection Law in the Promotion of Alcohol with Ethnic and Religious Elements by Holywings on Instagram

Promotional efforts are crucial to a company's marketing strategy. However, Holywings' promotion offering free alcoholic beverages to individuals named Muhammad and Maria violates Law Number 1 of 2024 on electronic information and transactions, specifically Article 28, paragraph 2. This article prohibits spreading information that incites hatred or enmity based on ethnicity, religion, race, and inter-group distinctions (SARA). This research analyzes promotion regulations under this law and the responsibilities of businesses concerning promotions involving ethnic and religious elements, as outlined in Law Number 8 of 1999 on Consumer Protection. Using a normative juridical approach, this study examines literature, secondary data, and statutes to address the legal issues. The research employs qualitative analysis to systematically gather and analyze data, aiming to compile relevant theories, concepts, legal principles, and regulations. The result indicate that legal protection for consumers regarding promotions with ethnic and religious elements is upheld by Article 4, letter g of the Consumer Protection Law, ensuring fair, honest, and non-discriminatory treatment. Additionally, Article 17, Paragraph 1, Letter f prohibits business actors from engaging in such advertising, while Articles 19 and 20 outline their accountability.

A New Challenge on Consumer Protection with Disclaimer Inclusion in E-Commerce Sites in Indonesia

AbstractThe development of information and technology has brought the economy to a new stage known as e-commerce. The presence of e-commerce also presents a new problem in society, namely the presence of a disclaimer. To examine these problems, this research uses normative legal research methods. This research shows that the disclaimer is a form of standard clause. As a form of e-commerce consumer protection, the standard clause must comply with the provisions regarding standard clauses as stipulated in statutory regulations. In Indonesia, e-commerce is regulated in Law No. 19 of 2016 concerning Electronic Information and Transactions. So, the implementation of the disclaimer in e-commerce transactions must be adjusted to the existing laws in Indonesia. Keywords: E-Commerce; Disclaimer; Consumer Legal Protection.

Discourse on Consumer Legal Protection on The Inclusion of Exoneration Clauses (Standardised Contract) In An Agreement

The purpose of this study is to find out whether the standard agreement reflects the principle of freedom of contract in an agreement and the form of legal protection against the inclusion of the standard clause in an agreement. The results of this study indicate that the application of the standard clause in an agreement does not reflect and does not realize the principle of full freedom of contract, because the consumer has only the freedom to decide whether he makes a contract or not and the freedom to vote with whom he will make the agreement. While the debtor has absolutely no freedom to make agreements on the substance of the treaty, the contents of the agreement, the form of agreement and the manner of making the agreement and the protection of the law in the inclusion of the standard clause is set forth in article 18 of the consumer protection legislation regarding the ban on the inclusion of the standard clause. However, if in the implementation of the standard agreement there is a difference of interpretation of the standard contract formulation made by the parties then one of the legal efforts that can be done to become a defense fortress or legal protection to the consumer so that in the implementation of the standard agreement does not incriminate one party in contract, especially the consumer Then the standard contract formulation shall use the interpretation of an impartial agreement to the standard contractor.

Peranan Badan Pengawas Obat dan Makanan (BPOM) dalam Mengawasi Peredaran Obat Tradisional yang Mengandung Bahan Kimia Obat

This research is motivated by the importance of health which is the capital for achieving prosperity in life. The widespread distribution of traditional medicines containing medicinal chemicals that are harmful to consumers means that this action is not in accordance with existing laws. The aim of this research is to find out the role of the POM in the distribution of traditional medicines that contain medicinal chemicals. The research method used is a qualitative method with a normative juridical research type, namely an approach taken by examining statutory regulations. With data sources in the form of literature studies and observations, and supported by direct interviews with related institutions. The research uses Responsibility Theory and Consumer Legal Protection Theory. The research results explain that the role of BPOM is to have the authority to grant or withdraw a production permit for a product based on the results of surveys, research and testing on a product that is produced and distributed in the community and must have a production permit and distribution permit from BPOM.

Legal Protection for Consumers on the Right to be Heard Regarding Indihome Service Complaints on Twitter

This study discusses consumer complaints regarding indihome services via DM indihome twitter which were not immediately responded to by customer service. The formulation of the problem is first, how is the legal protection for consumers for the right to be heard regarding complaints about indihome services on twitter?, second, how can indihome consumers make complaints if the right to be heard regarding is violated by TELKOM?. This study uses normative legal research with statutory and conceptual approaches. Research objects include the Civil Code, Law Number 8/1999 concerning Consumer Protection, Law Number 36/1999 concerning Telecommunications, Indihome Subscription Agreement. Collection techniques include literature study and document study. Data analysis was descriptive qualitative. The results of the research, first, preventive legal protection are regulated in Article 4 letters c and d UUPK concerning consumer rights, Article 7 letters b, c, d UUPK regarding obligations of business actors and indihome subscription agreements regarding consumer rights and obligations of business actors. Repressive legal protection is regulated in Article 19 paragraph (1) and paragraph (2) of the UUPK and Article 15 paragraph (1) and paragraph (2) of the Telecommunications Law in the form of providing compensation if business actors harm consumers. Second, efforts to make complaints that can be made by indihome consumers through consumer protection agencies (BPKN, LPKSM, BPSK), if they are not successful, consumers can file a lawsuit with the court as specified in Article 45 paragraph (4) UUPK.Keywords: Consumers, Complaints, Indihome, Legal Protection AbstrakPenelitian ini membahas pengaduan konsumen terkait layanan indihome melalui DM twitter indihome yang tidak segera direspon oleh customer service. Rumusan masalah yaitu pertama, bagaimana perlindungan hukum bagi konsumen atas hak untuk didengar terhadap pengaduan layanan indihome di twitter?, kedua, bagaimana upaya pengaduan yang dapat dilakukan konsumen indihome apabila hak untuk didengar dilanggar oleh pihak TELKOM?. Penelitian ini menggunakan penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Objek penelitian meliputi KUHPerdata, UU Nomor 8/1999 Tentang Perlindungan Konsumen, UU Nomor 36/1999 tentang Telekomunikasi, Perjanjian Berlangganan Indihome. Teknik pengumpulan meliputi studi pustaka dan studi dokumen. Analisis data secara deskriptif kualitatif. Hasil penelitian, pertama perlindungan hukum secara preventif diatur dalam Pasal 4 huruf c dan d UUPK tentang hak konsumen, Pasal 7 huruf b, c, d UUPK tentang kewajiban pelaku usaha serta perjanjian berlangganan indihome tentang hak konsumen dan kewajiban pelaku usaha. Perlindungan hukum secara represif diatur dalam Pasal 19 ayat (1) dan ayat (2) UUPK serta Pasal 15 ayat (1) dan ayat (2) UU Telekomunikasi berupa pemberian ganti kerugian apabila pelaku usaha merugikan konsumen. Kedua, upaya pengaduan yang dapat dilakukan konsumen indihome melalui lembaga perlindungan konsumen (BPKN, LPKSM, BPSK), jika tidak berhasil, konsumen dapat mengajukan gugatan ke pengadilan sebagaimana diatur dalam Pasal 45 ayat (4) UUPK.Kata kunci: Indihome, Konsumen, Pengaduan, Perlindungan Hukum.

Perlindungan Hukum Terhadap Konsumen Atas Kenaikan Harga Minyak Goreng Yang Dilakukan Oleh Pelaku Usaha Toko di Kecamatan Sabu Barat Kabupaten Sabu Raijua

The increase in cooking oil as a staple food is certainly detrimental to consumers, especially consumers from the lower middle class, after the problem of scarcity of cooking oil occurred in Indonesia and various policies to adjust the price of cooking oil carried out by the government, provide evidence that the urgency of the price of cooking oil has an impact on society. This research aims to find out and explain the causes of the increase in cooking oil prices carried out by shop entrepreneurs in West Sabu sub-district, Sabu Raijua Regency. The research method used is that this research is included in empirical legal research, namely a legal research method that attempts to see the law in a real sense or can be said to see, examine how law works in society, which then uses a research approach, a qualitative type of approach. The research results show that legal protection for consumers can be carried out by resolving disputes in court and outside of court. Every consumer who is harmed can sue business actors through institutions tasked with resolving disputes between consumers and business actors or through courts within the general court environment and the government also plays an important role in efforts to protect consumers legally. The form of consumer protection provided is by issuing laws and government regulations, where the implementation of statutory regulations is then carried out by supervising the implementation of these regulationsto be able to socialize it to the public and there is also a need for supervision carried out by the government on business actors.

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.

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.

Consumer Legal Protection for Whitening Cream Cosmetic Products

<p>This research aims to determine the implementation of the principles of justice and supervision of consumer protection in protecting consumers who use whitening cream cosmetic products (from the perspective of legal justice theory). The urgency of this research was initiated because many whitening cream products are circulating that contain dangerous ingredients and are sold at low prices. The research involved takes a juridical-normative approach. Techniques for data collection include literature studies and observations at BPOM Pekanbaru City. The principle of justice in consumer legal protection has not been effectively implemented by Article 2 paragraph (2) of the UUPK. One of the factors is a lack of effective compensation. The government merely issues administrative and criminal sanctions without being obliged to compensate for damages or restore the health of the skin affected by products. Then, according to UUPK rules, the BPOM does not have the authority to supervise the execution of consumer protection (Article 30 (1) UUPK). As a result, the Pekanbaru City BPOM's supervisory function on this research issue is ineffective, leaving consumers with insufficient facilities and infrastructure, free legal aid, and quick access to settle consumer disputes with business actors.</p>