Consumer Protection Research Articles

PERLINDUNGAN KONSUMEN TERHADAP TRANSAKSI DALAM SOCIAL-COMMERCE DI INDONESIA

The purpose of this research is to analyze consumer protection against transactions that occur on social-commerce platforms in Indonesia, which are reviewed from the legal relationship between business actors, consumers, and social-commerce platforms (TikTok Shop and Instagram Shopping) and to analyze electronic transactions on social-commerce electronic systems. whether it has fulfilled the principles of consumer safety and security. The type of research used by the author is a normative legal research type. The approach in this research uses the Statute Approach and a Conceptual Approach. The results of the research obtained that the legal relationship that exists on TikTok Shop is TikTok Shop as a third party that bridges the buying and selling transactions carried out by business actors and consumers. Meanwhile, in Instagram Shopping, the legal relationship that exists is between business actors and consumers, the role of Instagram Shopping is only as a page for business actors and consumers to meet. TikTok Shop and Instagram Shopping have several weaknesses in protecting consumer safety and security in carrying out transaction activities in their applications.

Peran Perlindungan Konsumen dalam Era Digitalisasi Perbankan Bagi Konsumen

This study aims to investigate the concept of consumer protection in the context of digital banking, with a focus on gaining a deep understanding of the concept, developments, and related regulations. A qualitative approach is utilized to explore the complexity of this phenomenon through a literature review method, allowing for an analysis of theories, concepts, regulations, and relevant literature in the fields of consumer protection and digital banking. Research steps include identifying the research topic, literature search, selection of relevant literature, data collection from selected literature, and systematic data analysis. The findings of this study are expected to provide a deeper understanding of the concept of consumer protection in digital banking, as well as its theoretical and practical implications in a continuously evolving context. By employing a qualitative approach and literature review method, this research is anticipated to offer valuable insights for the development of theories and practices in the fields of consumer protection and digital banking.

The Jordanian Role of Consumer Protection Association in Defending Consumer Rights in Business: A Comparative Study

The Jordanian Role of Consumer Protection Association in Defending Consumer Rights in Business: A Comparative Study

REGULATION OF FINTECH INNOVATIONS THROUGH POLICY FRAMEWORKS: ENSURING CONSUMER PROTECTION WHILST PROMOTING INNOVATION

The emergence of FinTech technologies has prompted the creation of extensive regulatory frameworks that safeguard consumer interests while promoting an atmosphere that is supportive of technical progress. This study explores the complex regulatory environments that shape FinTech advances, primarily emphasizing the need to find a careful balance between protecting consumer interests and promoting innovation. This paper investigates crucial steps intended to strengthen consumer protection by undertaking a thorough review of worldwide regulatory procedures, including variances among countries and the crucial roles of governmental agencies. These controls cover a wide range of tactics, from the application of know-your-customer (KYC) and anti-money laundering (AML) procedures to strict transparency requirements and strong privacy protections. The report also looks at the procedures in place in the FinTech industry for handling customer complaints and guaranteeing accountability. In addition, the study explores different approaches to innovation in the regulatory environment, including the creation of regulatory sandboxes and the encouragement of joint ventures between industry players and regulatory bodies. This paper illustrates both effective regulatory interventions and difficulties found in regulating FinTech developments through the analysis of relevant case studies. These observations are combined to provide a set of practical suggestions that legislators can use to successfully navigate the changing regulatory environment around fintech. The report also provides predictions for future developments in FinTech legislation, giving decision-makers the insight they need to adjust to the ever-changing FinTech landscape.

Consumer Protection Agency’s crisis management for children’s kidney failure cases in Indonesia

Background: The Badan Perlindungan Konsumen Nasional Republik Indonesia (BPKN RI) is a government institution dedicated to protect consumer rights nationwide. In August 2022, instances of kidney disorders affecting children emerged in various regions of Indonesia, necessitating BPKN’s involvement in addressing these cases. Purpose: This study examines how crisis communication factored into BPKN RI’s crisis management strategy during the 2022 outbreak of atypical progressive acute kidney injury (APAKI) in children. Methods: The theoretical framework guiding this research encompasses organizational theory, corporate communication theory, crisis communication theory, and crisis management theory. Employing a descriptive qualitative approach, data collection involves interviews, internet observations, and document analysis. Interviews were conducted with key figures, including the secretary of BPKN RI, the Public Relations and Education Division of BPKN RI, and the Investigation Team for APAKI cases in children. Results: The research findings reveal that BPKN RI’s crisis management process involves identifying the crisis, analyzing its implications, isolating the crisis, formulating a strategy, and implementing a crisis control program, with crisis communication as the fundamental element of the crisis management strategy. Conclusion: BPKN RI’s crisis management strategy prioritizes public welfare, ensuring easy public access, and maintaining transparency and honesty. Implications: BPKN RI disseminates regular and periodic information to the public, designates the Chairman of BPKN RI as the spokesperson, monitors community sentiments and media coverage, and establishes a public information center.

BOYCOTTING PRODUCTS: A DETERRENT APPROACH BY CONSUMER PROTECTION ASSOCIATIONS

Boycott is considered one of the most important means employed by consumer protection associations to deter interveners in product presentation for consumption and halt their illegitimate practices against consumers. It involves systematic refusal and voluntary abstention from consuming the products of a company or a country to pressure or compel them to respond to specific demands by urging consumers to boycott purchasing a certain product, using a particular service, or boycotting paying its price. Despite the importance and effectiveness of this method, there is a noticeable absence of regulation that precisely defines the powers of consumer protection associations to resort to it, thus its legitimacy remains a subject of debate between opponents due to social, economic, and legal considerations, and supporters for the same reasons. Based on this premise, this study aims to investigate how consumer protection associations intervene within their deterrent role framework by advocating for boycotts to maintain a balance between consumer interests and protecting interveners, considering the economic harm that this method may inflict on their interests.

Examining Civil Law Remedies for Consumers Affected by Counterfeit Branded Goods in E-commerce Transactions

This research aims to find out and explain the forms of legal protection for consumers and dispute resolution efforts related to the sale of counterfeit branded goods through online transactions in Indonesia. The research uses normative methods by reviewing library materials and secondary data and using legal material analysis techniques using a statutory approach. The research results show that consumer protection regarding the sale of counterfeit branded goods through online transactions in Indonesia refers to several statutory regulations, namely: Law Number 11 of 2008 concerning Information and Electronic Transactions, a form of protection for consumers, namely the requirement for business actors to provide correct and clear information regarding goods/services being bought and sold as well as guaranteeing the responsibility of business actors for losses and all legal consequences resulting from violations of obligations in electronic transactions. Based on Law Number 8 of 1999 concerning Consumer Protection, the form of legal protection for consumers is that in 2001 the Government established the National Consumer Protection Agency which then formed the Consumer Dispute Resolution Agency at the regional level. Based on Law Number 20 of 2016 concerning Brands and Geographical Indications, a form of consumer protection is the threat of criminal penalties for business actors who counterfeit brands or buy and sell products resulting from criminal acts. Consumer dispute resolution can be reached through 3 routes, namely peaceful resolution by the parties to the dispute without involving the court or a neutral third party, and settlement through the court. and Out-of-court settlement through BPSK.

TINDAK PIDANA TIDAK MENGGUNAKAN LABEL BERBAHASA INDONESIA PADA BARANG YANG DIPERDAGANGKAN DI DALAM NEGERI OLEH PELAKU USAHA

Criminal acts are acts that meet the elements of guilt and against the law that have been stipulated in the law and customary norms that apply in society. The reality in community is that there are many violations of the obligation to use Indonesian language labels on goods traded domestically by business actors. The results showed violations of these provisions both in the form of food and beverages such as rice, sugar, sausages and in the form of non-food such as electronic goods, spare parts, children's toys and others, with empirical evidence in the form of permanent legal force decisions. The purpose of this study is to find the causes of violations of the obligation to use Indonesian language labels on goods traded domestically by business actors. Provisions regulating the obligation of business actors to use Indonesian labels on goods traded domestically are contained in Law Number 8 of 1999 concerning Consumer Protection and Law Number 7 of 2014 concerning Trade. The research concluded that some business actors are not aware of these obligations, do not support government programs and lack of supervision, so it is necessary to continuously socialize the law, effective and fair law enforcement and strict government supervision by involving ministries and other relevant agencies and institutions. The method used is a normative research method and the data are collected by library reseach and analized by qualitative method.

SETTLEMENT OF CONSUMER DISPUTES THROUGH THE BANDUNG CITY CONSUMER DISPUTES RESOLUTION AGENCY (BPSK)

The Consumer Dispute Settlement Body (BPSK), in accordance with Law No. 8 of 1999 regulating Consumer Protection (UUPK) is regulated by the government, has a role to handle and resolve problems arising between consumers and business actors. The purpose of establishing BPSK is to reduce the complexity and time required in court proceedings, which are often long and difficult, by providing an out-of-court dispute resolution shortcut, focusing on the principles of speed, simplicity, and affordable costs. This study focuses on the Consumer Dispute Settlement Body in Bandung City, using a normative legal approach. In brief, the purpose of BPSK is to avoid resolving consumer disputes through the public courts. The general court is long and costly, but BPSK makes a fast and even cheap procedural law. The author analyzes legal literature related to consumer protection and consumer dispute resolution, and then compiles and classifies it in a detailed, systematic, and directed manner. The data collected is then analyzed descriptively to provide a comprehensive picture of the problem of consumer dispute resolution at BPSK Bandung City.

Analysis of The Accountability of Business Actors to Consumers Who are Disadvantaged for Damage to an Item in The Context of Consumer Protection

This study aims to analyze the implementation of accountability from business actors to consumers who are harmed by damage to an item based on the Consumer Protection Act conducted using the literature study. The problem in this study is related to violations of rights rather than consumers for damage to an item purchased related to accountability rather than a business actor that causes these losses. The purpose of the implementation of this research is to analyze the conditions of accountability of business actors to consumers dynamics of their conditions in the territory of Indonesia. Literature study method as a method used to investigate scientific works, reports on the accountability of business actors and official documents that have a connection with the research conducted. The results showed that the accountability of business actors included compensation in the form of refund or returns to the same or equal value, but accountability still had an impact on the decline in consumer confidence in business actors. Conclusion this study states that the permeasun of legal protection efforts given to consumers for losses caused by business actors. The renewal of this research lies in the comprehensive approach used on the issues that occur and conduct in -depth research and not only look on the one hand.

Comparison of Consumer Protection Laws Between Indonesia, the Philippines, and South Korea in Achieving Justice

Introduction: Consumer protection is an important aspect as a global phenomenon and is practically implemented by various countries in the world.Purpose of the Research: This research aims to describe the development of consumer protection regulations in Indonesia and to compare consumer protection between Indonesia, the Philippines and South Korea in realizing justice.Method of Research: Normative legal research by prioritizing comparative, conceptual and statutory approaches.Results of Research: The development of consumer protection regulations in Indonesia after the passing of the consumer protection law has actually facilitated the existence of consumer rights which are applied proportionally to consumer obligations. Even so, the practice of developments over time and technology also actually requires changes to consumer protection laws. In efforts to realize justice for consumers by referring to the consumer protection arrangements carried out by the Philippines and South Korea, Indonesia needs to optimize effective and substantive consumer complaint procedures as in the Philippines, including also referring to consumer protection practices carried out by South Korea by providing integrated legal assistance. for consumers in the consumer dispute process, both legal assistance in the form of consultations and legal assistance services in the form of lawyers for consumers.

Kajian Yuridis Perlindungan Konsumen Dalam Praktik Fintech (Financial Technology) Ilegal

In the era of globalization, financial technology (fintech) has enabled society to access financial services quickly and efficiently. However, the emergence of illegal Fintech presents risks to consumers, such as financial losses and privacy breaches. Legal protection for victims of illegal fintech practices is important to ensure the safety and rights of consumers. This study aims to identify the legal consequences of illegal P2PL Fintech and evaluate legal protection for victims in the context of the case study Decision Number 3115 K/PDT/2021. The study uses a normative juridical method by analyzing relevant legal texts, such as laws, regulations, and court decisions. The results show that the legal consequences of illegal Fintech include law enforcement actions, compensation for victims, regulatory prevention efforts, and improved consumer protection. Victims of illegal Fintech practices receive legal protection from existing regulations and law enforcement. Court decisions, such as Decision Study Number 3115 K/PDT/2021, serve as important legal precedents in addressing these illegal practices. Thus, this research provides a better understanding of consumer protection in illegal fintech practices and emphasizes the importance of strict regulations and effective law enforcement in maintaining the integrity of the fintech industry and public trust.

Poker in light of the Gambling Act and European Union regulations

The authors of the paper undertook an analysis of the regulations on the organization of a poker game under the Gambling Act. The main subject of the analysis revolves around the question to what extent state authorities should monitor and restrict the activity of poker players. The scope of the statutory restrictions on arranging and participating in poker games depends on the culture of perception of gambling in a given country. Assigning poker to the appropriate regulatory category, either as a gambling activity carrying the highest social risks in terms of public health or safety, or as a game primarily for entertainment, is by no means obvious and depends on determining such factors as the purpose of organizing the poker game and the manner in which it is played, i.e. whether players are playing against a casino or against each other. The regulatory differentiation depending on the variety of poker games is the result of years of efforts by national legislators and the jurisprudence to define and categorize the game correctly. The article cites the jurisprudence of the Constitutional Court justifying the formal and material prerequisites of the existing restrictions on the gambling services market. The authors also relied on the extensive body of case law of the Court of Justice of the European Union explicating the permissibility of restrictions on freedom of establishment and freedom to provide services in the sphere of gambling. The conclusions drawn from these reflections confirm that the current provisions of the Polish Gambling Act are part of a consistent and systematic state policy aimed at ensuring the highest possible level of consumer protection, and the introduced restrictions are proportionate and necessary.

Hidden Consequences of Consumer Protection on the Financial Market: Regulation-introduced Bias

Hidden Consequences of Consumer Protection on the Financial Market: Regulation-introduced Bias

Tanggung Jawab Penjual Terhadap Pembeli Terkait Jual Beli Online Dengan Sistem Pre Order

Introduction: Online buying and selling transactions are permitted by law, as there is a principle of freedom to contract stated in Article 1338 of the Civil Code, as long as it does not violate the provisions of Article 1337 of the Civil Code. However, there are still people who violate the agreements made, causing losses due to non-performance by the seller/business actor, namely NAMAStudios brand, to the buyer, by not delivering the ordered goods.Purposes of the Research: Explaining the seller's responsibility in breach of contract in online buying and selling with a pre-order system, and the dispute resolution by the affected buyer in online buying and selling with a pre-order system.Methods of the Research: The research methodology used is juridical normative. A juridical normative research is a type of research that examines legal materials, legal doctrines, legal principles, legal norms, and positive legal provisions to address the legal issues being studied.Results of the Research: Article 19 of the Consumer Protection Law states that business actors are responsible for damages and losses suffered by consumers caused by the goods or services they trade. The seller can be held liable both contractually and by risk. In dispute resolution, there are two avenues that can be taken: litigation and alternative dispute resolution, in accordance with Article 38 of the ITE Law and Article 39 of the Consumer Protection Law. Consumer dispute resolution can be done through the court or alternative dispute resolution in accordance with Article 45 of the Consumer Protection Law. In terms of litigation, consumers can file a lawsuit through a class action in accordance with Article 46 paragraph (1) point 2, while non-litigation alternative avenues can be through the Consumer Dispute Settlement Agency (BPSK), also regulated in the Consumer Protection Law.

Exploring The Legal Landscape of Islamic Fintech in Indonesia: A Comprehensive Analysis of Policies and Regulations

The rapid growth of Islamic fintech in Indonesia necessitates a comprehensive examination of the policy and regulatory framework from a legal perspective. This study explores the legal landscape of Islamic fintech in Indonesia, analyzing the current policies and regulations governing this emerging sector. Using normative legal research with a statutory approach and conceptual approach. The primary and secondary legal materials, including government reports and scholarly articles, this research evaluates recent policy developments and regulatory initiatives supporting Islamic fintech. It identifies gaps and areas for improvement, drawing from best practices and regulatory approaches adopted by other countries with successful Islamic fintech ecosystems. Based on the findings, this research proposes recommendations to enhance the policy and regulatory framework. These include collaboration between regulatory bodies and industry stakeholders, tailored licensing frameworks, enhanced consumer protection mechanisms, and promotion of innovation in Shariah-compliant financial products and services. This study contributes to understanding the legal landscape of Islamic fintech in Indonesia, offering a comprehensive analysis of existing policies and regulations. By addressing challenges and proposing solutions, it aims to facilitate the growth of Islamic fintech and foster an inclusive and sustainable financial ecosystem in Indonesia.

EKSISTENSI BADAN PENYELESAIAN SENGKETA KONSUMEN SEBAGAI LEMBAGA QUASI PERADILAN

The existence of quasi-judicial institution as a part of judicial power. Article 24 subsection (3) of the constitution of the Republic of Indonesia 1945 and the law number 48/2009 about judicial power admitting quasi yudicial institutionshas judicial powers. The purpose of establshing BPSK is to protec consumer and producer by designing consumer protection system that contain legal certainty. The problems that the decision of BPSK has characteristic final and binding however it can be carried out to the district court and the decision cannot be executed directly or realized. For maximalize exercising of the quasi-judicial institutions are needed legal policy for supporting functional-constitusional relations between BPSK and Supreme Court as top judicial power organization.

Financial Literacy in the Age of Digital Finance: A Global Perspective

Global financial landscapes have changed recently due to the digitalization of financial services, which presents opportunities and difficulties for improving financial literacy. To comprehend how digitalization affects people's financial knowledge, abilities, and behaviors across various socioeconomic and cultural contexts, this study investigates the effects of digital finance on financial literacy levels globally. The main goal is to look into how digital finance affects financial literacy around the world. To clarify the main factors influencing financial literacy in digital contexts, this study will examine the body of existing literature and empirical research. Additionally, it seeks to evaluate the success of ongoing financial literacy programs and suggest methods for improving financial literacy in the face of growing digitization. The study makes use of qualitative research techniques, which include a thorough evaluation of the literature that includes scholarly articles, reports, and policy papers. In addition, document analysis of industry reports and regulatory frameworks pertaining to digital finance and financial literacy is part of it. Effective personal financial management requires financial literacy, which is becoming more and more important when it comes to digital finance. Peer-to-peer lending, digital wallets, and mobile banking are examples of digital finance. While they increase financial inclusion, they also come with a learning curve that must be overcome in order to fully reap the rewards. Research highlights the beneficial relationship between better financial decision-making and financial literacy, which is aided by digital learning resources. Consumer education on digital financial hazards is particularly important in light of challenges with consumer protection and data privacy. Programs for financial literacy that are effective should be customized for a range of demographics and make use of digital platforms to increase relevance and involvement. Developing strong regulatory frameworks to protect digital financial transactions, raising consumer awareness through focused educational initiatives, and improving financial literacy programs to incorporate training in digital financial skills are some of the recommendations. Improving digital infrastructure and adapting educational activities to local contexts are necessary to address global inequities. It is advised to do longitudinal study to evaluate long-term effects, and novel pedagogical strategies such as gamification ought to be investigated to improve financial practices worldwide. This conclusion of the study emphasizes how critical it is to address issues and take advantage of opportunities in digital banking in order to improve global financial literacy. By putting these suggestions into practice, stakeholders can create a robust and inclusive financial ecosystem that protects consumer interests and encourages responsible financial conduct while enabling people all around the world to successfully manage digital banking. In the digital era, this study supports evidence-based policies and practices that promote financial inclusion and sustainable economic development.

Analysis Of The Influence Of Fake Discount Price Labels For A Product In The Marketplace On The Concept Of Business Competition And Responsibility

The influence of fake discount price labels on products in the marketplace on the concept of business competition and liability for losses experienced by consumers is an interesting topic to discuss in the ins and outs of marketplace problems in Indonesia. One of the famous marketplaces in Indonesia, namely Shopee, harbors many fraudulent practices in product sales by sellers, such as the use of fake discount price labels. Due to this, consumer trust is damaged and unhealthy business competition occurs. This research uses normative juridical legal research methods and collects secondary data from scientific sources, regulations and websites. Including fake discount price labels that do not match the actual price can harm consumers immaterially. This action violates various regulations, such as the Consumer Protection Law. The parties responsible for the losses experienced by consumers are sellers who promote fake discount prices in the marketplace. Therefore, it is necessary to discuss the influence of fake discount price labels on the concept of business competition and how to be held accountable for losses experienced by consumers

A support system for the detection of abusive clauses in B2C contracts

AbstractMany countries employ systemic methods of protecting consumers from unfair business practices. One such practice is the use of abusive clauses in business-to-consumer (B2C) contracts, which unfairly impose additional obligations on the consumer or deprive them of their due rights. This article presents an information system that utilizes artificial intelligence methods to automate contract analysis and to detect abusive clauses. The goal of the system is to support the entire administrative process, from contract acquisition, through text extraction and the recommendation of potentially abusive clauses, to the generation of official administrative documents that can be sent to court or to the owners of firms. This article focuses on on the components that use machine learning methods. The first is an intelligent crawler that is responsible for automatically detecting contract templates on websites and retrieving them into the system. The second is a document analysis module that implements a clause recommendation algorithm. The algorithm employs transformer-based language models and information retrieval methods to identify abusive passages in text. Our solution achieved first place in a competition on the automatic analysis of B2C contracts organized by the Polish Office of Competition and Consumer Protection (UOKiK), and has since been implemented as an official tool to support the contract analysis process in Poland.