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All Journal Greenation International Journal of Law and Social Sciences
Aris Setiawan
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Examination of Supreme Court Decision No. 42/P/HUM/2018: Legal Protection for Street Vendors Aris Setiawan; Binsar Jon Vic
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.408

Abstract

The Supreme Court Decision No. 42/P/HUM/2018 states that Article 25 paragraph (1) of the Jakarta Special Capital Region Provincial Regulation Number 8 of 2007 about Public Order (DKI Jakarta Regional Regulation 8/2007) does not have legally binding force because it violates Article 127 paragraph (1) of Law Number 22 of 2009 about Road Traffic and Transportation (LLAJ Law) and does not apply to the public. This case resulted in street vendors being evicted from the land where they sell even though it was their livelihood. The author feels the need to criticize this decision so that the author conducts normative legal research. The problem discussed in this study is whether the Supreme Court Decision No. 42/P/HUM/2018 is appropriate to cause street vendors to be unable to sell in certain areas and how the law should regulate street vendors. The author does not agree with the decision because it only uses the interpretation of the Governor's Regulation of the LLAJ Law even though if it uses other regulations and even higher regulations, the Constitution, then the use of sidewalks for street vendors can be a priority compared to the use for pedestrians. The Supreme Court should be more active in digging deeper into other laws and being able to interpret a rule constitutionally, something that is common even by first-instance court judges in the United States. The solution for pedestrians must be sought by the government by expanding sidewalks or making areas used by street vendors at certain times. Another solution is to expand the sidewalks so that they are in accordance with other regulations that will make street vendor areas an active economic area.
Legal Liability of Business Actors in Online Money Buying and Selling Transactions Resulting in Consumer Losses Aris Setiawan; Subianta Mandala
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.409

Abstract

Consumer protection law is an important concern because it relates to regulations aimed at improving people's welfare. The Consumer Protection Law was designed for various reasons, one of which is the limitation of legal provisions that are able to protect the interests of consumers in Indonesia. In addition, in facing the era of globalization, national economic development is required to support the development of the business world which is able to provide various goods and/or services to improve people's living standards. Online buying and selling transactions are generally defined as trade carried out via the internet. This growth in online transactions is also supported by increasing industrial productivity which provides various products to be marketed digitally. This has encouraged the popularity of online buying and selling businesses because of the ease of implementation, relatively small capital requirements, and management that does not require a complex management system. This research uses a normative juridical method, namely a scientific approach that aims to find the truth based on legal logic from a normative perspective. This research aims to examine legal principles, rules and doctrines using secondary data complemented by primary data. The research results show that the responsibilities The Consumer Protection Law does not specifically govern business actors' interactions with customers in online purchasing and selling operations. Therefore, given the numerous possible losses and fraud schemes that could hurt customers, more precise regulations are required to govern online transactions. Although The written consumer protection provisions of Law Number 8 of 1999 concerning Consumer Protection settlement procedures are deemed sufficient, their actual application frequently deviates from the law's primary goal of giving consumers legal protection and certainty.
Co-Authors Binsar Jon Vic Subianta Mandala