Consumer Protection Research Articles

Analisis Hukum terhadap Janji Asuransi yang Tidak Realistis: Perlindungan Hukum Bagi Nasabah

Insurance companies often use attractive promises of benefits as a marketing strategy to attract potential customers. However, in some cases, these promises are unrealistic and cannot be fulfilled, which ultimately harms the client. This study aims to analyze the legal aspects that regulate unrealistic insurance promises and their impact on legal protection for customers in Indonesia. This study uses normative juridical methods, this study examines applicable laws and regulations, such as Law Number 8 of 1999 concerning Consumer Protection and Law Number 40 of 2014 concerning Insurance, as well as cases that occur in Indonesia related to unreasonable insurance promises. The results of the study show that despite regulations that protect consumers, the practice of selling insurance that is not transparent still often occurs. The study recommends that insurance companies increase transparency and the government tighten supervision to ensure that customer rights are well protected.

LEGAL MECHANISMS FOR CONSUMER PROTECTION UNDER ALGERIAN E-COMMERCE LAW

Purpose: This study aims to clarify the consumer's essential need for protection under Legal Perspective No. 18/05 and to reveal the extent of this protection throughout all stages of contracting. Theoretical Framework: Despite the advantages offered by electronic marketing, the electronic environment is rife with risks that impact all elements of the relationship involving the consumer, who is considered the most critical and final link in the product cycle aimed at fulfilling its consumer purpose and meeting desires. Given the consumer's lack of information culture in the digital environment, the Algerian legislator, through Law No. 18/05, sought to protect the consumer during the stages of electronic contracting. Methods: Highlighting the key provisions, rules, and articles introduced by the Algerian E-Commerce Law No. 18/05 through comprehensive analysis to emphasize the effectiveness of mechanisms for protecting the digital consumer. Results and Discussion: The distinguishing feature of these transactions is that they take place in the virtual world, remotely, using the latest electronic communication tools. This exposes consumers to various types of fraud, deception, and violations, reflecting the darker side of electronic commercial transactions and making the consumer the primary victim. This prompted the Algerian legislator to adopt E-Commerce Law No. 05/18, dated May 10, 2018, by establishing legal mechanisms to protect the electronic consumer throughout the various stages of contractual operations. Abstract: The revised legal framework represents a proactive step by the Algerian state to enhance the e-commerce sector by ensuring legal protection for consumers at all stages of contractual operations. Law No. 18-05 aims to demonstrate the extent to which the Algerian legislator has moved beyond traditional consumer protection frameworks, keeping pace with developments in commerce within the digital environment. Originality/Value: The value of this research lies in the Algerian E-Commerce Law No. 18/05, which was issued to protect consumers in the digital environment.

Responsabilidad solidaria de los "influencers"

It proposes a legislative amendment to Article 40 of the Consumer Protection Law No. 24,240 to explicitly include influencers with strict and joint liability. Article 40. If consumer harm results from a defect or risk associated with the product or the provision of the service, liability shall extend to the producer, manufacturer, importer, distributor, supplier, influencer, seller, and anyone who has placed their brand on the product or service. The carrier shall be liable for any damage caused to the product arising from or during the service. Liability is joint and several, without prejudice to the right to seek recourse from others. Only those who can demonstrate that the cause of the damage was beyond their control may be released from liability, in whole or in part.

Peran Hukum dalam Mendorong Pembangunan Ekonomi dan Menjamin Kesejahteraan Masyarakat : Perspektif Indonesia

This article examines the important role of law in promoting economic development and ensuring the well-being of people in Indonesia. It analyzes the legal framework that governs economic activities, focusing on principles and regulations that facilitate economic growth, protect rights, and promote social justice. This article explores the evolution of Indonesia's legal system in response to economic challenges and opportunities, highlighting key laws and policies that have shaped the nation's economic landscape. This includes an analysis of the constitutional foundations of Indonesia's economic system, with a special emphasis on Article 33 of the 1945 Constitution, which mandates a "people's economy" based on the principles of kinship, cooperative ownership, and state control over vital resources. Furthermore, this article discusses the challenges and prospects of using the law as a tool to achieve sustainable and inclusive economic development. It emphasizes the importance of legal certainty, regulatory efficiency, and the protection of public interests in fostering a conducive investment climate and promoting equitable economic growth. The article also discusses the role of law in addressing important issues such as environmental protection, labor rights, and consumer protection, highlighting the linkages between economic development and social welfare. By examining Indonesia's experience, this article contributes to a deeper understanding of the complex relationship between law and economic development in the context of developing countries.

The Role of Mobile Value Added Services towards Influencing Consumer Purchasing Behaviour in the Mobile Telecommunication Industry of Namibia

Purpose: This study is aimed at evaluating the influence of value-added services on consumer purchasing behaviour in the Namibian mobile telecommunication industry. The study further intends to answer several research questions combined with hypotheses testing on perceptions of value-added services towards consumer purchasing behaviour in the Namibian mobile telecoms. Methodology: A correlational research design was employed in the study. A self-administered questionnaire both online and offline to collect data. The research instrument obtained the reliability and validity requirements, using Cronbach and the Factor Loadings (FL), and Average Variance Extracted (AVE) respectively. A simple random sampling technique was adopted in the data collection process. The sample size was determined as 384. A total of 430 valid responses were received. This quantitative study used the Statistical Package for Social Science (SPSS) version 23 and Microsoft Excel for data analysis. Descriptive statistics was adopted when conducting data analysis, including frequencies and mean scores. Inferential statistics was used in hypothesis testing. The research study collected and used secondary data from journals, books, and internet sources. The analysed data was presented using Tables and Figures. Findings: Based on the tested hypothesis, value-added services had a statistically insignificant weak positive relationship with consumer purchasing behaviour (rs (430) = .009, p-value >.0.05). The results also revealed a statistically insignificant negative relationship between income and consumer purchasing behaviour (rs (430) = -.018, p-value >.0.05). ). It was concluded, that there was insufficient information to reject the null hypothesis or suggest that the alternative is correct. Future studies should focus on collecting more information and adopting other research methodologies, such as qualitative or mixed research. Unique Contribution to Theory, Practice and Policy: Several consumer behaviour theories and models informed the study’s conceptual framework. Theories included the Technology Acceptance Model (TAM), the Unified Theory of Acceptance and Use of Technology (UTAUT), Hawkins Stern's Impulse Buying, Maslow's Hierarchy of Needs, Integrated Marketing Communication (IMC) and models such as the Engel-Kollat-Blackwell (EKB) were adapted to the study. Policy makers should expedite the implementation of policies and laws to enhance consumer protection and awareness. Recommendations include enhancing consumer awareness of value-added services and the repetition of research with broad inclusion of other variables, including demographical information.

RIGHTS-DRIVEN CONSUMER ACTIONS: THE LINK BETWEEN AWARENESS OF CONSUMER RIGHTS AND FINANCIAL INDEPENDENCE

This research suggests that as individuals' financial standing improves and they achieve a debt-free status, the link between their awareness of consumer rights and their ability to act on this knowledge becomes stronger. The study utilized a multistage random sampling method to gather data from a diverse group of consumers across Kerala. The findings indicate that consumers who are free of debt are more likely to translate their awareness of consumer rights into informed actions, demonstrating a positive correlation between financial stability and proactive consumer behavior. The study highlights the significance of debt freedom in empowering consumers to make better decisions regarding their rights, underlining how financial security can lead to more active engagement with consumer protection principles. The paper discusses the broader implications of these findings, emphasizing the need for further research into how financial literacy and consumer education can enhance consumer rights awareness and behaviors, particularly in regions with varying levels of economic stability. The results could inform policy makers and businesses about the role of financial independence in fostering informed consumer practices.

Penyelesaian Sengketa Konsumen Dengan Pelaku Usaha Di Luar Pengadilan Dalam Perspektif Undang-Undang Perlindungan Konsumen

The use of products from the results of a business from business actors, not all of them are in accordance with the wishes of consumers, this can even cause losses on the part of consumers, resulting in disputes between consumers and business actors. Therefore this study aims to find out, understand and explain the settlement of disputes that occur between consumers and business actors. Dispute resolution can be done in court and can also be done outside the court, so researchers need to determine the focus of research, in this case the settlement carried out outside the court. The imposition of sanctions against the wrong party is not only in the field of civil law, but can also be given criminal sanctions, so it is necessary to conduct research on the imposition of these criminal sanctions. This research is research in the field of law, the approach method uses an approach to laws and regulations governing consumer protection, especially related to legal principles. -the parties to the dispute take peaceful steps to realize a fast, inexpensive and simple trial, so that the rights and obligations of both parties can be fulfilled together. The existence of criminal sanctions in consumer disputes is due to the many actions that can be carried out by business actors that can harm consumers in general (society in general), not just consumers who have become victims

A Five-year Consumer Protection Database Study Yielded Emergent Demographic and Dermatological Condition Information Associated with Rock Climbing for One Hundred and Sixty-Six Patients

Introduction: Rock climbing is a popular activity that poses various injury risks, including falls, equipment failures, physical stress from climbing, and contact with falling objects. We aimed to quantify emergent dermatological injuries and conditions Methods: We used the NEISS database that collates data from over 100 emergency rooms and applied filters to analyze rock climbing injury and skin condition data from 2019 and 2023 for demographics, anatomical location, and types of injuries and conditions. Results: A total of 166 patient vignettes with 186 injuries were included. The majority of the climbers with dermatological injuries were male (64%), with the most common injuries found to be contusions or abrasions (n = 109) and the most common injury sites being the upper extremities (n = 61) and the head/neck (n = 50). Discussion: These results emphasize the need for targeted preventive measures to reduce the incidence of dermatological injuries among rock climbers, considering that the severity and impact of these injuries can be significant (e.g., lacerations) and prevalent in cosmetically sensitive areas (head/neck). Additional research should also be performed at ambulatory and outpatient settings to identify less emergent dermatological conditions associated with the sport and allow for appropriate guidance for those conditions.

ENGLISH FOR FINANCE STUDENTS - PART 2

In a world where financial landscapes are constantly evolving, understanding the intricacies of finance becomes not just an asset but a necessity. This book, encompassing a wide range of financial topics, is crafted to demystify the complex world of finance for learners, enthusiasts, and professionals alike. Each lesson in this book is designed as a standalone module, allowing readers to dive into topics at their own pace and according to their interests. Starting with the "Fundamentals of Financial Planning," we lay the groundwork for sound financial understanding. As we progress, topics like "Digital Banking and Online Finance" and "The Role of Technology in Modern Finance" explore the digital revolution reshaping the financial sector. We delve into specific markets with lessons on "Stock Market Indices," "Real Estate Investment Basics," and "Commodities Trading," offering insights into different investment avenues. The book also addresses critical issues such as "Financial Consumer Protection" and "Cybersecurity in Financial Transactions," emphasizing the importance of security in the digital age. Global financial mechanisms are unraveled in lessons like "Understanding the International Monetary Fund (IMF)" and "Global Trade Financing," providing a macroeconomic perspective essential for grasping international finance. The chapters on "The Rise of Cryptocurrencies" and "History of Ethereum" bring readers to the forefront of modern financial innovation, while "Understanding the OneCoin Scam and Scandal" and "Understanding Pyramid Schemes in Finance" serve as cautionary tales highlighting the importance of vigilance in investments. For entrepreneurs, "Financial Literacy for Entrepreneurs" and "Starting and Growing Your Business: Financial Strategies for Entrepreneurs" offer practical guidance on managing and growing a business effectively. We also explore economic systems and government policies in chapters like "Understanding the Communist Economic System" and "Understanding the Cuban Government and Economic System." As we approach the culmination of this journey, "Jobs That May Disappear Due to AI in the Future" and "Understanding the Possibility of a Global Financial Collapse" prompt readers to think about the future of finance and its challenges. This book is more than just a collection of financial lessons; it's a guide to navigating the ever-changing currents of the financial world. Whether you're a student, a professional, or simply curious about finance, these pages are designed to enlighten and empower you in your financial journey.

Exploring Digital-Only Banking in Malaysia: Technological Advancements, Regulatory Landscape, and Business Implications

Digital banking in Malaysia is undergoing rapid transformation, driven by technological advancements, regulatory frameworks, and evolving consumer preferences. This shift is marked by the adoption of critical technologies such as Application Programming Interfaces (APIs), low-code technology, cloud computing and artificial intelligence (AI) which are redefining how financial services are delivered. These innovations enhance operational efficiency, enable seamless integrations, and offer personalized customer experiences, positioning digital banking as a cornerstone of Malaysia’s financial ecosystem. Concurrently, regulatory measures introduced by Bank Negara Malaysia (BNM), including digital banking licenses and consumer protection policies, have facilitated a conducive environment for growth while ensuring financial inclusion and stability. Despite these advancements, the transition to digital-only banking is not without challenges. Cybersecurity threats, compliance complexities and technological dependency pose significant risks to both financial institutions and consumers. Addressing these issues requires a robust cybersecurity framework, continuous innovation and collaborative efforts among policymakers, industry players and technology developers. This paper reviews critical technologies shaping the industry, explores the regulatory landscape, evaluates security concerns, and examines the business implications and opportunities. The findings provide insights into the future of digital banking in Malaysia, focusing on innovations, challenges and potential growth areas.

Studi Komparasi Penerapan Product Liability di Indonesia dan Turki

Each basic right must be fulfilled for each consumer from different countries. The creation of the Consumer Protection Law occurred because of the awareness of consumer protection. Indonesia implements this law through Law No. 8 of 1999 and Turkey through Law No. 4077 which has been amended. One of the consumer's rights is the right to get compensation if the goods sold do not have the desired quality. In the article regarding the implementation of Product Liability in Indonesia and Turkey, there are still many things that can be studied. This research will use a comparative approach and comparative law between Indonesia and Turkey. The comparative law approach in the observation of normative law not only provides knowledge, but also simply reveals descriptive knowledge, the comparative law approach in the observation of law must be able to describe in depth the legal system of other countries regarding the obstacles observed in solving the obstacles observed in solving a legal problem that is the subject of normative observation. Thus, overall it is clear that the regulations in Indonesia that regulate obligations and prohibitions of business actors emphasize the protection of consumer rights. Meanwhile, Turkey establishes the principle of responsibility of producers and sellers in ensuring safe and quality products.

A PRÁTICA DA REDUFLAÇÃO NA PERSPECTIVA DA PROTEÇÃO DO CONSUMIDOR

ABSTRACT The practice of reducing the quantity of product within the usual packaging, without due warning,It is known as “reduflation” and is becoming more and more present in the daily lives of Brazilian consumers. However, it turns out that the consumer relationship in Brazil is protected by laws, which aim to protect the consumer, a vulnerable link in this situation, as is the case with the Consumer Code. In this context, this article sought to analyze, based on the Consumer Protection Code, Jurisprudence and doctrine linked to consumer relations, whether such a commercial strategy is legal or illegal. It was concluded since “reduflation” is a commercial strategy that directly violates the right to information and good faith, it can be said that it should be understood as an abusive and illicit practice. Furthermore, considering the STJ’s understanding, the practice can be equated to misleading advertising by omission, an illicit practice also explicitly prohibited by art. 37, caput of the CDC. Keywords: Redufflation. Consumer law. Abusive practices. Right to information.

Influence of social responsibility management on the configuration of management control in Moroccan companies

In contemporary managerial aspects, corporate social responsibility (CSR) plays an important role in the societal commitment of businesses. The objective of this study is to clarify the level of influence of corporate social responsibility management on the configuration of management control systems. In this perspective, a quantitative empirical study was conducted with 77 Moroccan companies recognized for their CSR practices by the General Confederation of Moroccan Enterprises, demonstrating their commitment to social and environmental responsibility. Data were collected through a structured questionnaire survey, offering significant insights into the effect of CSR management on management control systems. The results showed that certain aspects of CSR management significantly influence the configuration of management control, while others have no notable impact. Governance (β = 0.178, p < 0.05), consumer protection (β = 0.244, p < 0.05), and community development (β = 0.107, p < 0.05) have a positive effect, as does the CSR strategy (β = 0.393, p < 0.05), which has the greatest impact. This indicates that companies integrating CSR into their strategy generally adopt a more structured management system. On the other hand, working conditions and relationships (β = –0.019, p > 0.05) and environmental issues (β = –0.012, p > 0.05) did not show a significant effect, suggesting a limited integration of these aspects into corporate management.

Le marché de l’assurance au Maroc : Analyse descriptive

This article aims to examine the current state of the insurance market in Morocco and to discuss ways to harness its potential and increase its penetration rate. It analyzes the regulatory and legal framework, the market structure, as well as supply and demand dynamics. It also addresses the challenges faced by this sector. The methodology is based on an analysis of documents and reliable data, such as those from ACAPS. The results show that the sector is growing, particularly in life and automobile insurance, but this growth is dominated by a few large companies, which limits competition. Additionally, barriers to entry, such as legal requirements, hinder innovation. The article also highlights the untapped potential of inclusive and innovative insurance. It recommends facilitating market access, diversifying the product offerings, encouraging digitalization, and strengthening competition. It also suggests better consumer protection by simplifying contracts and regulating insurance comparison platforms. These measures aim to make Morocco a regional leader in this sector while addressing both local and global challenges.

Consumer Protection Strategies through Legal and Management Perspectives in the Era of Voice Cloning

The advancement of artificial intelligence technology, especially voice cloning, opens up opportunities for innovation while also presenting new risks in digital marketing. This study explores the potential for misuse of this technology to manipulate consumers through false promotions, using a legal and management perspective. Using a normative legal approach and literature study, this study analyzes regulations in Indonesia, such as the Information and Electronic Transactions Law, the Consumer Protection Law, and the Personal Data Protection Law, and compares them with practices in other countries. The results of the study indicate that regulations in Indonesia are not yet adequate to handle the complexity of voice cloning misuse, especially in consumer and personal data protection. Therefore, companies are advised to adopt strategies such as utilizing detection technology, increasing consumer digital literacy, and implementing stronger internal policies. This study highlights the importance of updating regulations that are more responsive to technological developments, including voice cloning. In addition, cross-sectoral collaboration between the government, industry players, and the community is key to protecting consumers while utilizing the potential of voice cloning technology responsibly and ethically.

Is Arbitration Fair? Perspectives from the USA and Uzbekistan

This research examines the arbitration law of the USA and Uzbekistan. It will start with the analysis of the US arbitration law examining issues of policy favoring arbitration, preemption, employment disputes, class arbitration, and punitive damages, as well as measures that have been taken to limit consumer and employment arbitration, including Arbitration Fairness Act (2018) and the Forced Arbitration Injustice Repeal Act (2021) introduced in the Senate as part of the legislative efforts to curtail arbitration use albeit unsuccessfully. It will be argued that the Federal Arbitration Act (FAA) enacted in 1925 was not initially intended to cover consumer and employment disputes, which has evolved out of court interpretation of the FAA led by the US Supreme Court. It also reviews the empirical studies conducted on the use of arbitration that reveal very interesting findings. The second part of the work is devoted to examining Uzbekistan's arbitration law and practice, which was adopted recently compared to the US. Uzbek arbitration law expressly excludes labor disputes, and consumer disputes are subject to court jurisdiction according to the law on consumer protection. In the end, economic court practice on the challenged arbitration decisions is considered. Finally, it will conclude by drawing some inferences from both jurisdictions.

Protection of Muslim Consumers’ Right To Information on Imported Food Without Halal Labeling

This study aims to examine the protection of Muslim consumers’ right to information on imported food without halal labels and to investigate the responsibility of business actors for providing such information. Imported food offers a wide variety of options from around the world that can be enjoyed by Muslim consumers. However, not all imported food is guaranteed to be halal, which raises concerns among Muslim consumers. This research adopts a normative juridical approach, utilizing a statutory approach. The findings reveal that legal protection for Muslim consumers regarding the right to information on imported food without halal labels has been pursued by establishing halal product assurance institutions, BPOM supervision, halal certification regulations, and MUI halal certification. Nevertheless, its implementation remains suboptimal. Additionally, business actors have not fulfilled their responsibility to include halal labels on imported products. Consequently, when losses occur, business actors fail to provide compensation for the damages suffered by Muslim consumers.Keywords: Consumer Protection, Halal Label, Imported Food, Responsibility AbstrakPenelitian ini bertujuan untuk mengkaji perlindungan hak konsumen muslim atas informasi makanan impor tanpa label halal dan untuk mengetahui tanggung jawab pelaku usaha dalam menyediakan informasi tersebut. Makanan impor menawarkan berbagai macam pilihan dari seluruh dunia yang dapat dinikmati oleh konsumen Muslim. Namun, tidak semua makanan impor terjamin kehalalannya, sehingga menimbulkan kekhawatiran di kalangan konsumen Muslim. Penelitian ini menggunakan pendekatan yuridis normatif dengan menggunakan pendekatan perundang-undangan. Temuan penelitian mengungkapkan bahwa perlindungan hukum bagi konsumen muslim terkait hak atas informasi makanan impor tanpa label halal telah diupayakan dengan membentuk lembaga jaminan produk halal, pengawasan BPOM, peraturan sertifikasi halal, dan sertifikasi halal MUI. Namun demikian, implementasinya masih belum optimal. Selain itu, pelaku usaha belum memenuhi tanggung jawabnya untuk mencantumkan label halal pada produk impor. Akibatnya, ketika terjadi kerugian pelaku usaha tidak memberikan ganti rugi atas kerugian yang diderita oleh konsumen muslim.Kata kunci: Perlindungan Konsumen, Label Halal, Pangan Impor, Tanggung Jawab

CADEIA DE FORNECIMENTO E O PARADOXO ECONÔMICO DA TUTELA DO “CONSUMIDOR INTERMEDIÁRIO”

The article analyzes the supply chain under the Brazilian Consumer Law, addressing concepts such as solidarity between suppliers and the interdependence of contracts. It discusses the controversial jurisprudence of the Superior Court of Justice (STJ) on the “intermediary consumer” and the theory of “deep finalism”, criticized for its potential undue extension of the protection of the Consumer Protection Code (CDC) and its possible negative economic impacts, resulting in pass-through of costs for the final consumer. It defends a more restrictive interpretation, using article 29 of the CDC to protect effectively vulnerable companies, instead of expanding protection around a problematic concept such as “intermediary consumer”.

Consumer Protection in TikTok Shop Sale Transactions Based on Law Number 8 of 1999

Online shopping transactions using the TikTok Shop media often experience problems and poor service quality from the business actors. It is because they commonly commit fraud in online shopping with the TikTok Shop media. It is due to the absence of a direct meeting between the seller and the buyer, the size and color of the goods purchased do not match, the dishonesty of the business actors about the goods being sold, and the consumer's lack of understanding of the details of the product ordered. For this reason, consumer rights must be protected by the provisions of laws and regulations. This study analyses consumer protection in online shopping transactions through the TikTok Shop media based on Law Number 8 of 1999 and Law Number 1 of 2024. This study used empirical jurisprudence with a sociological normative approach. The type of data used is primary data. The results of the study indicate that there are aspects of legal protection for online consumers, as shown by Consumer Protection Law Number 8 of 1999 and Electronic Information and Transactions Law (ITE) Number 11 of 2008. The law provides fundamental rights for consumers, such as the right to security, accurate information, and compensation for non-conforming products. The results indicate the importance of implementing the principles of transparency and responsibility among online business actors to prevent consumer losses. Adequate consumer protection can increase consumer trust in e-commerce and encourage business actors to be more responsible in running their businesses.

The Revolution of Blockchain in Digital Payment Systems: Legal Implications and Regulatory Challenges

This study aims to analyze the revolution of blockchain technology in digital payment systems, as well as explore the legal implications and regulatory challenges faced in its adoption. The research method used is a qualitative approach with normative analysis, utilizing data sources from literature, applicable regulations, and case studies from various countries. The results of the study show that blockchain has changed the digital payment landscape by providing solutions to improve efficiency, security, and transparency, this technology also poses legal challenges related to privacy, data security, and consumer protection. Differences in regulatory approaches between countries, especially between developed and developing countries, result in legal uncertainty that can hinder further adoption. These findings emphasize the importance of developing a uniform and adaptive regulatory framework to support blockchain innovation while maintaining stability and protection in the financial sector. This study provides important insights for policymakers and practitioners in the financial sector in dealing with complex regulatory challenges related to the adoption of blockchain technology.