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Perlindungan Hukum Terhadap Konsumen Dalam Keabsahan Perjanjian Elektronik Pada Transaksi E-Commerce Aris Risnandar; Subekti Subekti; M. Yustino Aribawa; Nur Handayati
Journal of Innovation Research and Knowledge Vol. 6 No. 5 (2026): Oktober 2026
Publisher : Bajang Institute

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Abstract

The development of information technology has brought significant changes to commercial activities, particularly through electronic transactions or electronic commerce (e-commerce). E-commerce transactions provide convenience for parties to enter into agreements without having to meet in person. However, the use of electronic agreements also raises various legal issues, particularly concerning legal protection for consumers and the validity of agreements entered into electronically. The relatively weaker position of consumers compared with business actors necessitates legal certainty in the implementation of electronic agreements. This study aims to examine legal protection for consumers in electronic agreements in e-commerce transactions under Indonesian positive law and to analyze the validity of consumer consent in electronic agreements based on the requirements for a valid agreement under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata). This study employs a normative legal research method using a statutory approach and a conceptual approach. The study utilizes primary, secondary, and tertiary legal materials, which are analyzed using a qualitative juridical approach. The results show that legal protection for consumers in electronic e-commerce agreements is regulated under several legal provisions, including the Indonesian Civil Code, Law Number 8 of 1999 on Consumer Protection, Law Number 1 of 2024 on the Second Amendment to the Law on Electronic Information and Transactions, and Government Regulation Number 71 of 2019 on the Operation of Electronic Systems and Transactions. Legal protection is provided through the obligation of business actors to provide accurate information, fulfillment of consumer rights, liability for losses, and dispute resolution mechanisms. Furthermore, electronic agreements are considered legally valid as long as they satisfy the requirements stipulated in Article 1320 of the Indonesian Civil Code, namely consent of the parties, legal capacity, a specific object, and a lawful cause. Therefore, electronic agreements have the same legal standing as conventional agreements, provided that they fulfill the applicable requirements for contractual validity under Indonesian law
Perlindungan Hukum Terhadap Konsumen Atas Peredaran Kosmetika Ilegal Melalui Perdagangan Elektronik Indra Marki; Nur Handayati; Subekti Subekti; M. Yustino Aribawa
Journal of Innovation Research and Knowledge Vol. 6 No. 5 (2026): Oktober 2026
Publisher : Bajang Institute

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Abstract

The development of electronic commerce has made it easier for consumers to obtain various cosmetic products quickly and conveniently. However, this development has also been accompanied by an increase in the circulation of illegal cosmetics through digital platforms, which may cause losses to consumers, both economically and in terms of their health. Illegal cosmetics are products that do not meet safety, quality, and efficacy requirements and do not have the required marketing authorization in accordance with applicable laws and regulations. The circulation of illegal cosmetics through electronic commerce has become a legal issue because consumers often face difficulties in determining the legality of products and identifying the business actors responsible for selling them. This study aims to examine the legal regulations governing the circulation and sale of illegal cosmetics through electronic commerce in Indonesia and to analyze the forms of legal protection available to consumers affected by the circulation of illegal cosmetics through electronic commerce. This study employs a normative legal research method using a statutory approach and a conceptual approach. The legal materials consist of primary, secondary, and tertiary legal materials, which are analyzed using a qualitative juridical approach. The results show that the circulation of illegal cosmetics through electronic commerce in Indonesia is regulated under Law Number 8 of 1999 on Consumer Protection, Law Number 17 of 2023 on Health, Law Number 1 of 2024 on the Second Amendment to the Law on Electronic Information and Transactions, Government Regulation Number 28 of 2024 on the Implementing Regulations of the Health Law, and various regulations issued by the Food and Drug Supervisory Agency (BPOM) concerning cosmetics. Legal protection for consumers is provided through preventive and repressive measures. Preventive measures include monitoring the distribution of products, requiring business actors to ensure product safety, and providing information regarding the legality of cosmetic products. Meanwhile, repressive measures include the imposition of administrative sanctions, business actors' liability, consumer dispute resolution, and the application of criminal sanctions against parties distributing cosmetics that fail to meet safety and quality standards. Therefore, stronger supervision of electronic commerce and increased consumer awareness are necessary to prevent the circulation of illegal cosmetics and ensure the effective implementation of legal protection for consumers
Analisis Yuridis Kewenangan Pengawasan BPOM Terhadap Peredaran Obat Sirop Beracun Irsyad Jelang Amirin; Nur Handayati; Subekti Subekti; M. Yustino Aribawa
Journal of Innovation Research and Knowledge Vol. 6 No. 5 (2026): Oktober 2026
Publisher : Bajang Institute

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Abstract

The circulation of syrup medicines containing hazardous substances is a legal and public health issue that requires effective government oversight. The Food and Drug Supervisory Agency (Badan Pengawas Obat dan Makanan/BPOM), as the government institution authorized to supervise drugs and food, plays an important role in ensuring the safety, quality, and efficacy of medicines distributed to the public. This study aims to analyze the regulatory framework governing BPOM's supervisory authority based on applicable laws and regulations from the perspective of Administrative Law and to examine the forms of BPOM supervision over the circulation of toxic syrup medicines. The research employs a normative legal research method using a statutory approach and a conceptual approach. The legal materials consist of primary legal materials in the form of laws and regulations governing health, drugs and food, consumer protection, and the status and authority of BPOM, as well as secondary legal materials in the form of books, scientific journals, and legal scholars' opinions. The results show that BPOM's authority has a legal basis that legitimizes the supervision of medicines both before and after they are distributed to the public. From the perspective of Administrative Law, such authority constitutes governmental authority that must be exercised based on the principle of legality, legal certainty, and the general principles of good governance. BPOM's supervision of the circulation of toxic syrup medicines is conducted through pre-market and post-market surveillance, inspections of production and distribution facilities, sample collection and testing, product tracing, drug recalls, the imposition of administrative sanctions, and coordination with relevant agencies. Therefore, BPOM's authority and supervisory functions constitute important administrative law instruments for preventing the circulation of hazardous medicines and providing legal protection to the public