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ANALYSIS OF LEGAL PROTECTION FOR CONSUMER LOSSES DUE TO BUSINESS PERFORMER'S BREACH OF CONCERT ORGANIZER Natalia, Fenny; Soemartono, Gatot P.
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1214

Abstract

Currently, the music industry has become one of the most popular forms of entertainment among various segments of society. In this context, music concerts have become a significant source of revenue for promoters. However, it is not uncommon for promoters to neglect their responsibilities as business operators, resulting in losses for consumers who have purchased concert tickets. This research aims to examine the legal protection available to consumers who suffer losses due to the breach of contract by concert organizers. The research method used is a normative legal approach, analyzing legal issues through relevant legislation. The legal materials for this research are derived from primary and secondary legal sources, including legislation and related research findings on the subject matter. The research results indicate that consumer protection in Indonesia remains a serious concern, as business operators frequently fail to fulfill their obligations and violate consumer protection laws, leading to consumer losses. This study concludes the protection available to consumers seeking legal remedies for their losses, including claims for compensation in accordance with Law Number 8 of 1999 Concerning Consumer Protection.
ANALYSIS OF LEGAL PROTECTION FOR CONSUMER LOSSES DUE TO BUSINESS PERFORMER'S BREACH OF CONCERT ORGANIZER Natalia, Fenny; Soemartono, Gatot P.
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1214

Abstract

Currently, the music industry has become one of the most popular forms of entertainment among various segments of society. In this context, music concerts have become a significant source of revenue for promoters. However, it is not uncommon for promoters to neglect their responsibilities as business operators, resulting in losses for consumers who have purchased concert tickets. This research aims to examine the legal protection available to consumers who suffer losses due to the breach of contract by concert organizers. The research method used is a normative legal approach, analyzing legal issues through relevant legislation. The legal materials for this research are derived from primary and secondary legal sources, including legislation and related research findings on the subject matter. The research results indicate that consumer protection in Indonesia remains a serious concern, as business operators frequently fail to fulfill their obligations and violate consumer protection laws, leading to consumer losses. This study concludes the protection available to consumers seeking legal remedies for their losses, including claims for compensation in accordance with Law Number 8 of 1999 Concerning Consumer Protection.
Legal Certainty of Creditor's Rights in The Fiduciary Agreement Akanittha Pranoto, William Sudassi; Soemartono, Gatot P.
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1097

Abstract

Fiduciary guarantee agreements have a unique characteristic called executorial rights, namely the right to execute the same collateral object as a court decision. Executorial Rights provide creditors with protection rights against receiving payments from debtors. The existence of executorial rights was lost because of the Constitutional Court's decision regarding the meaning of executorial rights that the debtor must agree to the occurrence of a breach of contract. This problem has changed the essence of fiduciary guarantees. Therefore, it is necessary to examine the legal certainty regarding the meaning of executorial rights in Constitutional Court Decisions and how to finalize agreements with creditors to ensure the return of their rights is guaranteed. This research was carried out using a normative method with deductive specifications, namely analyzing general-specific matters, aiming to find out about the legal certainty of the executorial rights owned by creditors after the Constitutional Court Decision Number 18/PUU-XVII/2019 and Number 2/ PUU-XIX/2021. The conclusion of this research shows that the Constitutional Court's decision has had a negative impact on fiduciary guarantees in Indonesia. Protection of creditors' rights is reduced and executorial rights become difficult to implement. Parties wishing to enter into a fiduciary agreement must pay attention to the provisions and draw up the agreement carefully, meticulously and in detail to maximize the rights of creditors if a breach of contract occurs during the implementation of the agreement.