Consumer Protection Perspective Research Articles

GAME HAGO BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Principally, advertisements must comply with laws and regulations in the field of advertising and consumer protection, but there are still many advertisements that violate, for example, Hago advertisements that have violated regulations in the field of advertising because they harass the dignity of teachers and display teachers who are discriminatory against students who use Hago Game, so this study will analyze violations of Hago Game advertisements based on consumer protection. The problem raised is regarding whether Hago advertisements have met the criteria for good advertising in the perspective of consumer protection and analyzing who can be held liable if Hago advertisements are re not good advertisements. This research uses normative type research methods. The result is, Hago's advertisement does not meet the criteria for good advertising because it violates Article 17 section (1) letter f UUPK because it violates the regulations in the advertising sector, namely Article 58 section (4) letter h SPS and Article 16 section (2) letters a and b SPS. The conclusion is ones responsible should be the companies that make advertisements and broadcasting institutions based on professional responsibility

Juridical Review Of Standard Agreements In The Framework Of Consumer Protection

Exonerating clauses have been widely used in agreements due to their time and cost efficiency. However, as the use of these clauses has expanded, there have been instances of non-compliance with certain requirements, which have subsequently caused disadvantages to certain parties. Exonerating clauses are often employed in freight forwarding service agreements by companies to limit their legal liability in the event of loss or damage to a consumer's goods. From the perspective of consumer protection, the use of exonerating clauses can create an imbalance in rights and obligations between service providers and consumers. According to Law No. 8 of 1999 on Consumer Protection, consumers have the right to safety, comfort, and security in the consumption of goods and services. However, exonerating clauses can undermine or limit these rights, potentially causing harm to consumers. This paper will discuss the use of exonerating clauses in freight forwarding service agreements from the perspective of consumer protection based on the Consumer Protection Act. It will focus on how these clauses can be used unfairly by companies to avoid liability and how the law should protect consumers from such detrimental practices. This analysis is crucial to ensuring that the use of exonerating clauses does not conflict with the fundamental principles of consumer protection established by law.

Analysis of Public Policy and Criminal Law in The Perspective of Consumer Protection for Online Loan Users in Indonesia

The development of online loan services or pinjol in Indonesia raises new problems in consumer protection. Many cases of fraud and misuse of customer personal data are very concerning. The government has not had specific regulations regarding online loans. The existing regulations are merely appeals and suggestions for fintech pinjol to conduct business responsibly. In fact, stricter regulatory and enforcement steps are needed to address the increasing violations that harm consumers. This study aims to analyze public policies and criminal law in the perspective of protecting pinjol consumers in Indonesia. This research uses a normative legal approach with statute and conceptual approaches. The results are expected to provide recommendations for more effective legal protection for online lending consumers in Indonesia, as well as enriching academic literature on fintech and digital consumer protection. The conclusion is that firmer public policy and criminal law provisions are needed to protect consumer rights in using online loan services which currently have weak legal protection.

LEGAL ANALYSIS ON THE CONSTRUCTION OF MEIKARTA PROJECT FROM THE LENS OF CONSUMER PROTECTION

<p>This study examines the legal aspects of the Meikarta project's construction in Indonesia from the perspective of consumer protection. Large-scale real estate development Meikarta has drawn attention because of claims of anomalies and violations of consumer rights. This essay attempts to evaluate the legal environment around the Meikarta project by looking at pertinent Indonesian laws and regulations concerning commercial agreements, consumer protection, and real estate development. Additionally, it assesses any effects on consumer rights and recourse options for impacted parties. With the use of this analysis, the study hopes to advance knowledge of the intricate legal issues pertaining to major construction projects and how they affect consumer protection in Indonesia.</p><p>Keywords:<br />Construction; Consumer; Consumer Protection; Consumer rights; Megaproject</p>

ANALISIS PENGARUH HUKUM PERLINDUNGAN KONSUMEN TERHADAP TANGGUNGJAWAB KELALAIAN DAN KESALAHAN PRODUSEN

The aim of this research is to analyze the impact of consumer protection laws on producer negligence and errors. Consumer protection is an important aspect of law which aims to protect consumer rights and ensure that producers are responsible for the products they produce. Analysis of legal documents, case studies, and literature reviews will be the research methods used to gain an in-depth understanding of legal provisions related to producer responsibility and consumer protection. The focus of this research is the applicable law from a consumer protection perspective and how this law impacts the manufacturer's obligations in the event of product negligence or defects. Research shows that consumer protection laws have a significant impact on manufacturers' liability for product negligence and defects. This legal provision protects consumers from unsafe or defective products and provides a legal basis for consumers to request compensation if losses are caused by manufacturer negligence or defects. This study also identified several challenges in the implementation of consumer protection laws, including obstacles in law enforcement and protection of consumer rights. Therefore, this research provides recommendations for improving or strengthening the consumer protection legal framework to increase its effectiveness in dealing with responsibilities. manufacturer negligence and malpractice.

Sistem Cash on Delivery Dalam Prespektif Hukum Perlindungan Konsumen dan Ekonomi Islam

Economic activities are closely related to transactions such as to support the needs of oneself, family, and the wider community. In connection with that, buying and selling through electronic media such as using the Cash On Delivery payment system which is a form of trade or business interaction is one of the economic phenomena of mu'amalah that is currently rife. Therefore, Islam has taught that the terms and conditions of buying and selling transactions must be in accordance with the Shari'a, such as avoiding defects such as not fulfilling the conditions of the goods being traded, both the type, quality, and quantity, price, and there is no element of coercion, fraud, harm, or other conditions that make up the pillars of buying and selling. So the purpose of this research is to examine the legal protection of cash on delivery transactions in online buying and selling from the perspective of consumer protection and Sharia economic law. This research is a descriptive analytical normative legal research, using legislative and conceptual approaches. As a result, buying and selling is a fundamental component of Islamic Shariah, and adhering to these pillars is essential for a successful and legitimate transaction.Accordingly, Islamic jurisprudence deals with the order of purchase and sale, where the permissibility of transactions with al-salam aims to increase the convenience of business by allowing goods to be delivered later.Thus the use of the COD method, which allows payment on the spot, reduces fakes and hazards such as goods that do not match the size, shape, color, or packaging ordered.

Corporate Criminal Responsibility for the Crime of Mixing LPG in the Perspective of Consumer Protection and Law Enforcement

This study aims to find out how the criminal responsibility of agents of mixed 3-kilogram LPG gas is in the perspective of consumer protection and to find out what aspects encourage the misuse of LPG gas by mixing mode. The research method used is normative juridical and by using a statutory approach. The results of the study show that agents can be held accountable for their mistakes, namely misusing LPG cylinders and their contents where this is detrimental to society as consumers as stipulated in Law Number 22 of 2001 concerning Oil and Gas in conjunction with Article 55 of the Criminal Code through vicarious liability .The aspect that encourages the misuse of 3-kilogram LPG gas is due to social inequality, especially in the economic sector, which is then exacerbated by the condition of the subsidy policy that is not on target as a factor in the occurrence of crime. Based on this, it shows that the low quality of law enforcement is passive and the lack of supervision of the distribution of subsidized LPG gas, therefore it is important to change the subsidy system and increase supervision of the distribution of subsidized LPG gas through evaluating the distribution of subsidized LPG gas to the community so that it is right on target and prevents any victims of LPG gas abuse.

Legal Reconstruction of Loan; Consumer Protection Perspective

This study aims to analyze the legal reconstruction of bad credit settlements from the perspective of consumer protection. The problem described above is that the debtor is unable to fulfill his obligation to repay the debt as a customer in the credit agreement, which results in bad credit problems. The research method used in this research is empirical juridical law research. The results of the research on the implementation of credit granted by the debtor are not all the fault of the debtor alone, but there are also external causes that cause bad credit so that the debtor is unable to fulfill his obligations to repay his debt to the creditor, causing the occurrence of what is called bad credit. Considering that collateral is an element of guarantee for granting credit, if based on other elements, it can be obtained confidence in the ability of the debtor to develop his debt, the collateral can only be in the form of goods, projects or collection rights financed with the credit in question. Credit provided by banks to debtor customers is based on trust and must be done carefully because loans always contain risks; there are also problems of default (a state of unpaid debt and a state of stopping paying), not carrying out obligations, violating time limits or not carry out the provisions contained in the credit agreement if this happens the bank will experience a loss.

Juridic Review Consumer Protection Perspective of Copyright Law (Omnibus Law) and Consumer Protection Law

This study aims to analyze the juridical review of consumer protection from the perspective of the Job Creation Act and how the effectiveness of existing dispute resolutions resolves these problems. Technological developments change the order of values ​​and human life, one of which is economic development. The need for a law that can guarantee the rights of the parties, especially the protection of consumers, is increasing rapidly along with increasingly complex problems. However, the regulation of the Job Creation Law which regulates consumer protection, is not yet able to protect consumers. The research method used is normative juridical with descriptive research specifications. Data collection is carried out through documentary studies and literature studies, and data analysis is carried out qualitatively through deductive reasoning analysis. UUPK, as a regulation that specifically regulates consumer protection, was issued in 1999 before the creation of the job creation law. The results of this study are to protect consumers from business actors who intentionally commit fraud; the government establishes an agency to protect consumers and recognizes non-government consumer protection institutions. Besides that, for consumers to make efforts to get their rights, consumers try to get them through general courts or dispute resolution outside the court. The government places more emphasis on efforts that were originally able to protect the rights and obligations of economic actors (consumers, producers, and distributors).

Legal Protection for Parties in Transferring Receivables from Factoring Transactions (Factoring)

An agreement can be born not enough just by the will; the will is not stated according to the theory of statements (verklaring theory). Furthermore, according to the theory of trust (vertrouwens theory), it is argued that the stated will becomes an agreement that can produce an agreement. We attempted to identify the existence of an agreement factoring and transfer of receivables in the practice of factoring transactions that have provided legal protection to the parties in the perspective of consumer protection and the principle of freedom of contract. Here, we conducted a legal analysis on certain legal phenomena in Indonesia related to factoring transaction. The scope of this study was limited to factoring activities of a financing nature, particularly related to the purchase and transfer of receivables in factoring transactions in Indonesia (domestic factoring). Philosophical issues related to factoring transactions, where factoring is an institution adopted from the British legal system and the American legal system (common law), influenced by the understanding and principles of materialism, individualism and liberalism, while the Indonesian legal system is based on Pancasila, based on the principles of God, kinship, togetherness and mutual cooperation, balance, and responsible freedom. In our analysis, we found that the process of making the agreement is prepared and determined unilaterally by the factor by providing a very minimal portion for the client to negotiate. Thus, the factoring agreement does not fulfill the principle of balance and the principle of freedom of contract.

TVI Express Member Rights based on Consumer Protection Perspective

This study aims to determine that TVI Express members get rights as consumers based on the perspective of consumer protection. This type of research is empirical legal research. The interview method was used to obtain research data. The data obtained in this study were then analyzed qualitatively. The results show that TVI Express members do not get rights as consumers based on the perspective of consumer protection. The rights that TVI Express members do not obtain are the right to correct, transparent, and honest information regarding the conditions and guarantees of TVI Express products. In addition, TVI Express members did not get the right to have their opinions and complaints heard on TVI Express service products that could not be used. Furthermore, TVI Express members do not get the right to obtain compensation or replacement from TVI Express. Therefore, it is recommended that legal certainty on consumer protection for TVI Express members can be realized. In this case, practical steps are needed from the government, especially BPSK, to take firm action against TVI Express business actors. In addition, it takes an active role from the community to continue to provide information and complaints if they feel the MLM business has harmed them. In this case, the government, especially BPSK, can suppress the MLM business to be responsible to its members and consumers.

Legal Reconstruction of Loan Consumer Protection Perspective

Legal Reconstruction of Loan Consumer Protection Perspective

Juridic Review Consumer Protection Perspective of Copyright Law (Omnibus Law) and Consumer Protection Law

Juridic Review Consumer Protection Perspective of Copyright Law (Omnibus Law) and Consumer Protection Law

Perlindungan Hukum Bagi Konsumen Terhadap Iklan Yang Menyebabkan Kekeliruan

This study aims to see how legal protection for consumers for the existence of advertisements that causes mistakes and the for responsibility given by business actors. The existence of misleding or inappropriate advertisements is detrimental to consumers, causing problems between consumer who demand their rights from business actors who advertise their products. The problem raised is about how the legal protection for consumers related to misleading advertisements in the perspective of consumer protection and how the responsibility of business actors to consumers related to advertisements that cause errors. This study uses a normative juridical method, which is studied by means of an invitation. With the existence of Law Number 8 of 1999 concering Consumer Protection (UUPK) and the Indonesian Advertising Code of Ethics for consumers who are disadvantaged by business actors over advertisements that cause errors, they can obtain protection from business actor fraud. In addition, advertising business actors must be responsible in accordance with Article 20 of the UUPK.

Pertanggungjawaban Pidana terhadap Pelaku Penjualan Daging Anjing Ditinjau dari Undang-Undang Nomor 8 Tahun 1999

Dogs are one of the favorite and much-loved pets, but this does not prevent the illegal sale of dog meat as a food ingredient. Considering that there is no clear criminal sanction from the illegal sale of dog meat from the government, the research aims to examine the accountability of the perpetrators of selling dog meat from a consumer protection perspective and the criminal sanction for the perpetrator based on law. This research was conducted with a normative method with conceptual approach and statutory approach. From the result the researcher found that the perpetrator must be responsible to consumers based on the Consumer Protection Law Article 4 letter a, which guarantees the safety, comfort and security of consumption of goods and / or services, and the perpetrator may be subject to a maximum fine of 2 billion rupiah or a maximum imprisonment of 5 years for violating the provisions in Article 8 based on the consumer protection law article 62 paragraph 1.

Fintech and Sustainability: Do They Affect Each Other?

Current concerns about environmental issues have led to many new trends in technology and financial management. Within this context of digital transformation and sustainable finance, Fintech has emerged as an alternative to traditional financial institutions. This paper, through a literature review and case study approach, analyzes the relationship between Fintech and sustainability, and the different areas of collaboration between Fintech and sustainable finance, from both a theoretical and descriptive perspective, while giving specific examples of current technological platforms. Additionally, in this paper, two Fintech initiatives (Clarity AI and Pensumo) are described, as well as several proposals to improve the detection of greenwashing and other deceptive behavior by firms. The results lead to the conclusion that sustainable finance and Fintech have many aspects in common, and that Fintech can make financial businesses more sustainable overall by promoting green finance. Furthermore, this paper highlights the importance of European and global regulation, mainly from the perspective of consumer protection.

A New Order: The Digital Services Act and Consumer Protection

On 16 December 2020, the European Commission delivered on the plans proposed in the European Digital Strategy by publishing two proposals related to the governance of digital services in the European Union: the Digital Services Act (DSA) and the Digital Markets Act (DMA). The much-awaited regulatory reform is often mentioned in the context of content moderation and freedom of expression, market power and competition. It is, however, important to bear in mind the contractual nature of the relationship between users and platforms and the additional contracts concluded on the platform between the users, in particular traders and consumers. Moreover, the monetisation offered by digital platforms has led to new dynamics and economic interests. This paper explores the reform proposed by the European Commission by means of the DSA by touching upon four main themes that will be addressed from the perspective of consumer protection: (1) the internal coherence of European Union law; (2) intermediary liability; (3) the outsourcing of solutions to private parties; and (4) digital enforcement.

Sharia Principles in the Financial Services Authority Regulation on Dispute Settlement Alternatives

There is a legal disharmony with the Sharia Banking Law in the regulation on alternative dispute resolution institutions. This problem arises because the regulation does not pay attention to sharia principles, as mandated by Article 55, Paragraph 3 of the Sharia Banking Law. Meanwhile, the application of sharia principles is a spiritual right of consumers which also requires legal protection. This research is intended to assess alternative dispute resolution institutions' regulations, particularly Financial Services Authority Regulation from a consumer protection perspective, particularly spiritual rights. This research is categorized as an empirical normative study, using a philosophical, historical approach and a content analysis of the Financial Services Authority Regulation. The results of this study indicate that the Financial Services Authority Regulation on Alternative Dispute Resolution Institutions has not accommodated spiritual rights in dispute resolution for the Islamic banking industry. A weak understanding of spiritual rights causes it in the context of dispute resolution. It also creates another problem in the form of a lack of attention and policies that support the protection of spiritual rights, both in regulatory and banking institutions. In the context of dispute resolution, there are general consumer rights, such as the right to get advocacy, while the application of sharia principles is a special right. Based on these findings, it is recommended that regulatory institutions, particularly the Financial Services Authority, pay adequate attention to the entire financial service industry under their respective characteristics. It is an important matter because the protection of spiritual rights supports the development of the Islamic finance industry both in Indonesia and globally.

Considerations regarding the Particularities of Credit Agreements for Consumers relating to Immovable Property according to the Provisions of Government Emergency Ordinance no. 52/2016

As part of the transposition procedure into the national legislation of Directive 2014/17/EU on credit agreements for consumers relating to real estate immovable properties, was adopted Government Emergency Ordinance no. 50/2010 on credit agreements for consumers. The provisions of the normative acts are should apply exclusively for: credit agreements for consumers who sell immovable property, credit agreements secured by mortgages on real estate property and credits agreements involving a legal right related to residential immovable property. A credit agreement for consumers is the agreement through which a creditor grants or promises to grant to a consumer a credit to acquire an immovable residential property in the form of a deferred payment, loan or any other similar accommodation. According to the law, residential immovable property means the land or an existing or projected building that is the object of a real estate investment. The real estate investment may consist in: acquiring the property rights in a residential immovable property through legal acts by onerous title, improving a residential immovable property, refurbishing, rehabilitating, consolidating or extending it etc. The study of the normative acts mentioned above presents theoretical and practical interest from the general perspective of consumer protection and, in particular, through the economic and legal importance of the material object of credit agreements, respectively the residential immovable property. This paper is structured in three parts: “The Consumer Credit – an Overview”, “Credit Agreements Secured by a Mortgage” and “Credit Agreements for Consumers Relating to Residential Immovable Property”.The legal approach ends with conclusions.

Post-market evaluation of medical electrical equipment

PurposeThe present paper discusses the technical assistance for electrical equipment under sanitary surveillance by analyzing Brazilian regulations and legislation and proposes an improved post-market approach based on international standards.MethodsBrazilian legal and regulatory documentation was the basis of this research. The time span from 2000 to 2020 was used to review the legislation. The actual post-market practice in Brazil was examined in detail, and it was pointed out that there is a clear dichotomy between the legal foundation and the patient protective practice.ResultsThe Brazilian National Health Surveillance Agency regulates and the Brazilian National Institute of Metrology, Quality, and Technology owns the conformity assessment scheme of medical electrical equipment under a sanitary surveillance system. The conformity assessment is based on a certification process using technical standard series IEC 60601. The certification in its present form does not consider any active post-market surveillance, which is a potential risk for the final users because of the varied medical electrical equipment. From the consumer protection perspective, the objective responsibility of service providers includes accountability to the eventual harm caused by the equipment in normal operation. Therefore, a clear regulation or legislation on post-market technical assistance is of interest to the medical industry and technicians.ConclusionThe prospective assurance of the safety and performance of the well-being of citizens would be much more probable to be assured with the renewing of legislation on the post-market evaluation of medical electrical equipment, mainly if international technical standards are used. The dissemination of available medical electrical equipment technology would consequently help public health. Revising the post-market surveillance approach could lead to a better response to deal with medical electrical equipment maintenance issues.