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PERLINDUNGAN HUKUM TERHADAP TERTANGGUNG DALAM ASURANSI JIWA UNIT-LINK Salviana, Fries Melia; Krisnadi Nasution; Evi Kongres
Perspektif Vol. 28 No. 1 (2023): Edisi Januari
Publisher : Institute for Research and Community Services (LPPM) of Wijaya Kusuma Surabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/perspektif.v28i1.851

Asuransi jiwa unit link memiliki keunikan apabila dibandingkan dengan asuransi lainnya. Penelitian ini bertujuan untuk menganalisis karakteristik asuransi jiwa unit link dan perlindungan bagi tertanggung berdasarkan asuransi jiwa unit link. Penelitian normatif dengan pendekatan undang-undang dan pendekatan konseptual ini menggunakan sumber bahan hukum primer dan bahan hukum sekunder yang memuat mengenai perlindungan hukum bagi tertanggung serta karakteristik asuransi jiwa unit link termasuk peraturan perundang-undangan mengenai atau terkait dengan asuransi jiwa dan investasi. Asuransi jiwa unit link merupakan produk yang bersifat investasi yaitu adanya untung rugi. Pembayaran premi yang dilakukan juga berbeda dengan pembayaran premi pada asuransi jiwa biasa. Perlindungan hukum internal terhadap tertanggung merupakan perlindungan hukum yang utama dengan asas itikad baik dan asas keterbukaan. Penting bagi tertanggung untuk memperhatikan waktu pembentukan kontrak demi mencegah terjadinya perselisihan begitu pula dengan penafsiran penanggung untuk memuat klausul dalam polis atau bahkan di media lain yang menjelaskan tentang asuransi jiwa berbasis unit link terutama terkait dengan hak bagi tertanggung. Penelitian ini menyarankan konsep perlindungan hukum bagi pemegang asuransi jiwa berbasis unit link dari aspek kontrak dan pengawasan otoritas berwenang agar tercapai keadilan.Unit linked life insurance is unique when compared to other insurances. This study aims to analyze the characteristics of unit linked life insurance and protection for the insured based on unit linked life insurance. This normative research using a statutory and conceptual approach uses primary legal sources and secondary legal materials which include legal protection for the insured and the characteristics of unit-linked life insurance including statutory regulations regarding or related to life insurance and investments. Unit-linked life insurance is an investment product, namely profit and loss. Premium payments made are also different from premium payments on ordinary life insurance. Internal legal protection for the insured is the main legal protection with the principles of good faith and the principle of transparency. It is important for the insured to pay attention to the time the contract is formed in order to prevent disputes as well as the interpretation of the insurer to include clauses in the policy or even in other media that explain unit-linked life insurance, especially related to the rights of the insured. This study suggests the concept of legal protection for holders of unit-linked life insurance from the contractual and regulatory aspects in order to achieve justice.

Review Apartment by Consumer on Social Media vs Criminal Charges by Developer: Between Consumer Complaint and Defamation Evi Kongres; Bariyima Sylvester Kokpan
Jurnal Hukum dan Peradilan Vol 13, No 2 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.2.2024.393-420

Despite legal safeguards for freedom of expression and the right to be heard, consumers frequently encounter legal obstacles, particularly in cases where businesses initiate defamation claims. This issue is exemplified by the cases of Deedi Tjhandra, Muhadkly AT, and Desvalia, wherein consumers, after receiving no response to their complaints from developers, took to social media to post reviews of the apartment they had purchased. In these cases, it was found that the developers had breached contractual obligations, as the apartments and their associated amenities did not conform to the standards advertised in promotional materials. This study aims to analyze the rights of consumers to post video reviews of goods and/or services on social media, especially when such reviews result in defamation lawsuits and subsequent convictions. The court's ruling, in this case, found Deedi Tjhandra guilty of defamation despite the defamation statute in question having been repealed and replaced by more recent legislation. The updated legislation specifies that legal entities are barred from pursuing defamation claims. Additionally, the court did not consider the regulations established by the Joint Decree and CC rulings. The research employs a normative juridical methodology incorporating legislative and conceptual analyses. The novelty of this study lies in its exploration of the public interest concept within criminal and civil law as it pertains to defamation statutes being met through social media, particularly when these reviews serve the public interest. Additionally, the study assesses the adherence of law enforcement agencies to established regulations concerning defamation.

Protecting Consumers Against Defamation Claims: The Role of Common Interest in Product Reviews Kongres, Evi; Sugianto, Fajar; Setyorini, Erny Herlin; Kokpan, Bariyima Sylvester; Zhang, Sheng
Khazanah Hukum Vol 6, No 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.35508

Consumers who post negative reviews of products on social media often face defamation claims by business entities. Such lawsuits have had a chilling effect on the right to freedom of expression, which is protected by law. In adjudicating consumer cases, judges have generally failed to apply the concept of common interest as a consideration, despite the potential benefits and awareness such reviews provide to prospective consumers. The common interest concept, as stipulated in defamation laws, can serve as a form of legal protection for consumers who post reviews on social media, provided the reviews are truthful, reflect actual conditions, and are made in good faith. By implementing the common interest concept and conducting its proper assessment, legal protection can be ensured for both consumers and businesses. Consumers would be shielded from unwarranted defamation claims, while businesses would be protected from malicious reviews by bad-faith consumers that result in financial or reputational harm. This study aims to dissect the legal safeguard afforded to consumers through the prism of common interest when confronting social media-based complaints or reviews ensnared in defamation litigations instigated by corporate entities. Employing a normative juridical methodology, the research amalgamates legislative analysis with conceptual frameworks. The research findings accentuate the significance of invoking the public interest doctrine in consumer-related litigation, thereby fortifying legal defenses against defamation allegations.

The Effectiveness of Diversion Through Restorative Justice For Handling Children In The East Java Police Setyorini, Erny Herlin; Kongres, Evi; Hailitik, Asri Gresmelian Eurike; Zainulla, Pandu Satriawan
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1190

Introduction: Children are the next generation of the nation who must be protected in order to grow up properly. Handling children's cases through the Juvenile Criminal Justice System has devastating impacts on children's futures.Purposes of the Research: This study aims to analyze the effectiveness of handling children's cases through diversion in the East Java Regional Police and analyze obstacles to handling children's cases through diversion so that solutions are found to achieve maximum diversion implementation as mandated by the Children's Criminal Justice System Law.Methods of the Research: This type of research is sociolegal research with a statutory approach, a conceptual approach, and a comparison approach, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.Results of the Research: The results showed that of the five police and police in the East Java Regional Police area, it showed that not 50% of the handling of children's cases had been successfully resolved through diversion. The causative factors include the non-achievement of the consent of the victim's child and his family. Therefore, the condition of consent of the victim's child and his family in Article 9 paragraph (2) must be abolished because Article 7 paragraph (2) of Law Number 11 of 2012 does not require the consent of the victim's child and his family. In practice is the main obstacle to achieving diversion, should be eliminated in the best interest of the child in accordance with the principles of the Convention on the Rights of the Child.

PENERAPAN KLAUSULA FORCE MAJEURE DALAM PERJANJIAN KREDIT DI MASA PANDEMI COVID 19 Aji, Bondan Seno; Warka, Made; Kongres, Evi
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 6 No. 1 (2020)
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

Show Abstract | Download Original | Original Source | Check in Google Scholar

Dengan metode pendekatan-pendekatan yang digunakan yakni: Pendekatan perundang-undangan (statue approach), yakni suatu pendekatan dengan menggunakan peraturan perundang-undangan sebagai bahan hukum primer. Kemudian Pendekatan konsep (conceptual approach), yaitu suatu pendekatan yang beranjak dari pandangan-pandangan dan doktrin-doktrin yang berkembang didalam ilmu hukum. Hasil penelitian adalah pada pokoknya pengaturan POJK Stimulus Dampak COVID-19 dan Kebijakan pemerintah terkait relaksasi pembayaran angsuran kredit ini berlaku kepada debitur selama terbukti terdampak pandemi covid-19. Kredit bermasalah itu bisa disebabkan oleh berbagai macam faktor misalnya ada kesengajaan dari pihak-pihak yang terlibat dalam proses kredit, disebabkan oleh faktor lain seperti Pandemi COVID-19. Ada dua metode penyelesaian kredit bermasalah, yaitu: 1. Penyelamatan kredit. bermasalah adalah perundingan kembali antara Bank sebagai kreditur dan Debitur, 2. Penyelesaiakan kredit bermasalah adalah penyelesaian melalui lembaga hukum. dalam hal ini adalah Panitia Piutang Negara PUPN dan Direktorat Jendral Piutang dan Lelang Negara DJPLN, Lembaga Peradilan dan melalui arbitrase atau badan alternatif penyelesaian sengketa.

The Truth Behind the Label: Ensuring Fairness and Legal Liabilities in Skincare Ingredient Overclaims Margaret, Felicia; Sapni, Dripsy Teresa P.; Kongres, Evi
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.132375

Recently, interest in skincare products has grown dramatically. As a result, there is intense competition due to the emergence of numerous new skincare brands. Some skincare brands, in their pursuit of greater profits, resort to unethical practices, such as overclaiming the ingredients on the packaging. These exaggerated claims not only deceive consumers but also result in a significant discrepancy between the promised and actual ingredient composition which lead to potential harm to consumers' health and financial losses. This research's legal concern is corporate actors' liability for making exaggerated claims about the ingredients’ composition that harms consumers’ rights. This research offers a novel perspective to the legal protection for consumers by focusing specifically on ingredients overclaims in skincare products that do not match reality. The analysis is based on articles on consumer rights in Law No. 8/1999 using the normative legal method. Through this research, it was found that the legal responsibility of business actors is often hindered by gaps in law enforcement processes. These challenges, such as inadequate regulation enforcement and lack of transparency, must be addressed to mitigate the widespread phenomenon of ingredient overclaims in the skincare industry. In conclusion, effective legal safeguards and more stringent monitoring mechanisms are essential to uphold consumer rights and ensure fair business practices within the skincare sector.

Review Apartment by Consumer on Social Media vs Criminal Charges by Developer: Between Consumer Complaint and Defamation Kongres, Evi; Kokpan, Bariyima Sylvester
Jurnal Hukum dan Peradilan Vol 13 No 2 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.2.2024.393-420

Despite legal safeguards for freedom of expression and the right to be heard, consumers frequently encounter legal obstacles, particularly in cases where businesses initiate defamation claims. This issue is exemplified by the cases of Deedi Tjhandra, Muhadkly AT, and Desvalia, wherein consumers, after receiving no response to their complaints from developers, took to social media to post reviews of the apartment they had purchased. In these cases, it was found that the developers had breached contractual obligations, as the apartments and their associated amenities did not conform to the standards advertised in promotional materials. This study aims to analyze the rights of consumers to post video reviews of goods and/or services on social media, especially when such reviews result in defamation lawsuits and subsequent convictions. The court's ruling, in this case, found Deedi Tjhandra guilty of defamation despite the defamation statute in question having been repealed and replaced by more recent legislation. The updated legislation specifies that legal entities are barred from pursuing defamation claims. Additionally, the court did not consider the regulations established by the Joint Decree and CC rulings. The research employs a normative juridical methodology incorporating legislative and conceptual analyses. The novelty of this study lies in its exploration of the public interest concept within criminal and civil law as it pertains to defamation statutes being met through social media, particularly when these reviews serve the public interest. Additionally, the study assesses the adherence of law enforcement agencies to established regulations concerning defamation.

Protecting Consumers Against Defamation Claims: The Role of Common Interest in Product Reviews Kongres, Evi; Sugianto, Fajar; Setyorini, Erny Herlin; Kokpan, Bariyima Sylvester; Zhang, Sheng
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.35508

Consumers who post negative reviews of products on social media often face defamation claims by business entities. Such lawsuits have had a chilling effect on the right to freedom of expression, which is protected by law. In adjudicating consumer cases, judges have generally failed to apply the concept of common interest as a consideration, despite the potential benefits and awareness such reviews provide to prospective consumers. The common interest concept, as stipulated in defamation laws, can serve as a form of legal protection for consumers who post reviews on social media, provided the reviews are truthful, reflect actual conditions, and are made in good faith. By implementing the common interest concept and conducting its proper assessment, legal protection can be ensured for both consumers and businesses. Consumers would be shielded from unwarranted defamation claims, while businesses would be protected from malicious reviews by bad-faith consumers that result in financial or reputational harm. This study aims to dissect the legal safeguard afforded to consumers through the prism of common interest when confronting social media-based complaints or reviews ensnared in defamation litigations instigated by corporate entities. Employing a normative juridical methodology, the research amalgamates legislative analysis with conceptual frameworks. The research findings accentuate the significance of invoking the public interest doctrine in consumer-related litigation, thereby fortifying legal defenses against defamation allegations.

The Enactment of the Common Interest Concept and the Theory of Repressive Legal Protection on Consumer Reviews Against Defamation Claims Kongres, Evi; Kogin, Kevin; Susilawati, Connie
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.13231

Essentially, the objective of reviews is to offer testimonials regarding the quality of product based on personal experiences, serving as a reference for potential consumers concerning the product’s attributes and quality. Businesses also leverage consumer reviews as material for product evaluation, marketing, and enhancing after-sales services. However, in practice businesses do not always receive consumer reviews favorably, particularly when these reviews result in financial losses. This is especially true when reviews are published by influencers with substantial social media followings. Consequently, businesses may initiate legal action against consumers for defamation. According to defamation provisions, acts carried out in the public interest cannot be penalized. This study addresses the legal protection of consumers against defamation lawsuits by businesses, employing the common interest concept and the theory of repressive legal protection. The aim is to analyze the application of the common interest concept and the theory of repressive legal protection concerning reviews on social media, aiming to provide new insights for law enforcement officials in handling defamation cases involving consumers and businesses. This study utilizes normative juridical methods, reviewing literature on legislation, legal concepts, and theories. The study concludes that according to the theory of repressive legal protection, businesses that violate their obligations to consumers should be sanctioned. The enactment of the common interest concept to consumer reviews requires an examination of legal evidence and facts, and if proven, should result in sanctions for businesses as a form of repressive legal protection.

Government Supervision on Live-selling by Producers in TikTok Live Towards the Survival of MSMEs in Economic Globalization Imelda Patricia; Evi Kongres
Proceedings of Sunan Ampel International Conference of Political and Social Sciences Vol. 1 (2023): Proceedings of the SAICoPSS
Publisher : Faculty of Social and Political Sciences, UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/saicopss.2023.1..271-287

This special issue looks at how the role of government supervise the action of live-selling using TikTok platform by producers towards the survival of Micro, Small, and Medium Enterprises (MSMEs). Which will be reviewed from the Law of Convenience, Protection and Empowerment of Cooperative and MSMEs and the Law of Business Licensing, Advertising, Guidance and Supervision of Business Actors in Electronic Transaction Systems. This research aims to find the answer to legal regulations regarding the action of live-selling using TikTok platform by producers and the legal protection for MSMEs due to the entry of producers / manufactures into the electronics market. Researchers use the type of normative juridical legal research with a conceptual and statutory approaches. By reviewing and analyzing the role of government, we will be able to answer the problems towards the survival of MSMEs in the economic globalization era. The government has a pivotal roles to support the empowerment of micro, small, and medium enterprises, as well as the electronic system business actors, and to protect consumers also encourage the development of transactions through electronic systems. The government have to pay attention to dynamic technological developments and to prevent all forms of unfair business competition practices or manipulation practices both directly and indirectly that could lead to potential monopoly business in electronic transaction systems.

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