1,720,992 research outputs found
Solusi yuridis terhadap penyelesaian konflik antara pelaku usaha transportasi konvensional dengan pelaku usaha Aplikasi Transportasi Online (Gojek) di Kota Malang
No full textHukum dan Kebijakan Perlindungan Konsumen
No full textHukum dan kebijakan perlindungan konsumen memuat konsep dasar perlindungan konsumen, hak dan kewajiban konsumen serta pelaku usaha, iklan menyesatkan, klausula baku dan penyelesaian sengketa konsume
Urgensi perlindungan hukum terhadap pengguna jasa motorcycle taxi perspektif hukum perlindungan konsumen dan teori mashlahah
Full text linkTransportation gets a central position for the sustainability of business concerning people movement from one place to another. In certain areas, transportation is not monopolized by public modes. The non-public ones are also turned into public transportation, such as motorbikes, known as ojek (motorcycle taxis). This research describes the review of mashlahah and the urgency of consumer legal protection in using motorcycle taxi. This is a normative juridical study with a doctrinal approach relying on secondary data consisting of primary, secondary, and tertiary legal material obtained through literature studies. Those data are analyzed using descriptive analysis methods. The results of the study are: first, using motorcycle taxis contains the values of maslahah (benefit), in terms of daruriyah, hajjiyah, and tahsiniyah domains in fulfilling the community needs; second, because of its mashlahah values, the users (passengers) need to have legal protection by providing legal certainty for motorcycle taxi. It could be done through revising the 2009 Law Number 22
Hukum dan kebijakan perlindungan konsumen di Indonesia
Full text linkHukum pelrindungan konsumen tujukan untuk memberikan perlindungan bagi konsumen akhir dengan diberikannya seperangkat hak-hak konsumen. hak-hak ini tidak hanya berasal dari hukum kontraktual, akan tetapi juga berikan oleh hukum. dalam karya ini dibahas tentang konsep dasar perlindungan konsumen, hak-hak konsumen, hingga sertifikasi halal sebagai bentuk perlindungan konsumen muslim di Indonesia
Tinjauan Doktrin Iktikad Baik dan Hukum Perlindungan Konsumen Terhadap Pembulatan Harga Barang Yang Diakibatkan Penggunaan Pecahan Rupiah Yang Tidak Beredar di Toko Modern
No full textKewenangan Peradilan Negeri di Bidang Perbankan Syariah Studi Pasal 55 UU No. 21 Tahun 2008
No full textHukum dan Kebijakan Perlindungan Konsumen
No full textHukum dan kebijakan perlindungan konsumen memuat konsep dasar perlindungan konsumen, hak dan kewajiban konsumen serta pelaku usaha, iklan menyesatkan, klausula baku dan penyelesaian sengketa konsume
The impact of the liquidation of the quasi-judicial institution of the consumer dispute resolution body on consumers’ access to justice and its reorganisation efforts from the perspective of Siyasah Syar’iyah
Full text linkThe Consumer Dispute Settlement Body (BPSK) is an institution authorized to resolve consumer disputes that is in the regency and/or city. However, after Law No. 23/2014 on Local Government was passed (Local Government Law), BPSK was liquidated and transferred to the provincial level. This research aims to find out the causes of BPSK liquidation, its impact on access to justice for consumers and BPSK reorganization efforts in the Draft Amendment to Law Number 8 Year 1999 on Consumer Protection. The legal research method used is empirical legal research with a sociological juridical approach. The data used are primary data and secondary data obtained through interviews and document studies. The research data is then analysed prescriptively. The results of this study are: First, the cause of the Consumer Dispute Settlement Agency (BPSK) being liquidated after the enactment of the Local Government Law is because the management and authority of BPSK formation is transferred from the district/city to the authority of the Provincial government based on the Local Government Law. Second, the implication of the liquidation of the Consumer Dispute Settlement Body (BPSK) is that it results in limited consumer access to justice through BPSK itself. Third, the reorganization of the position of BPSK so that it can contribute to consumer protection is by restoring the position of BPSK in the district and/or city in the new consumer protection bill, in addition it must make protection a mandatory government affair in the Local Government Act so that it can strengthen the position of BPSK in the district and/or city
Self-Declare Halal Products for Small and Micro Enterprises Between Ease of Doing Business and Assurance of Consumer Spiritual Rights/Self Declare Produk Halal Usaha Kecil Mikro Antara Kemudahan Berusaha dan Jaminan Hak Spiritual Konsumen
Full text linkLaw Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 concerning Halal Product Guarantee, namely Article 4A "halal statement" as the basis for halal certification obligations for micro and small business actors. This paper aims to test the constitutionality of Article 4A, which discusses the constitutional basis of halal products as the constitutional rights of Indonesian Muslim consumers and examines the constitutionality of Article 4A itself. Based on the study results, it can be seen, and firstly, those halal products are the constitutional rights of Muslim consumers, which the 1945 Constitution gives as part of the right to religion because halal products are related to Allah SWT. After all, as His commandments, the constitutional rights of these halal products can be said to be spiritual rights. Second, Article 4A is out of sync with the constitution so that it is thus unconstitutional and has no power to apply based on the lex superior derogat legi inferiori principle. In addition, it does not have the legitimacy to be considered a law because it does not meet the minimum threshold of morality criteria introduced by Lon L. Fuller. The unconstitutionality of Article 4A has a severe impact on the legal uncertainty of protecting Muslim consumers from accessing halal products as their spiritual right
Authority of the commercial court in business competition cases post law No. 11 of 2020 on job creation
Full text linkhe enactment of Law No. 11 of 2020 on Job Creation has had an impact on existing laws. One of the affected laws is Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. The formulation of the problems that will be discussed in this paper is a). How is the existing condition of the authority of the Commercial Court to appeal the KPPU’s decision after the Job Creation Law? b). what is the prospect of bringing cases before the Commercial Court on monopoly and business competition cases after the Job Creation Law? This research uses normative research with a statutory approach, conceptual approach, and a philosophical approach. Based on the discussion, it can be concluded that, firstly, the existing authority of the Commercial Court’s continues to expand. Currently it is believed to settle the objection cases to the KPPU’s decision through the Job Creation Law. The Commercial Court can examine the formal pleadings and material facts that form the basis of the KPPU’s decision, so that the Commercial Court is not limited in time to complete it. Second, the prospect of the Commercial Court’s authority in cases of unfair business competition is determined by two factors, namely internal factors in the form of the existing condition of the current authority specifically in the field of economic law issues, and the condition of human resources who have been selected and trained and experienced in resolving economic law cases. External factors including (a) the development of the business economy which is increasingly complex and requires an effective, efficient and neutral settlement agency, and the KPPU theoretically has not been able to guarantee a fair process in the settlement of the business competition case because it includes the authority to investigate, investigate, prosecute and adjudicate
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