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Unleashing the Power of Class Action Lawsuits: Redefining Justice for Insurance Policyholders in Indonesia Haryanto, Imam; Suherman, Suherman; Sakti, Muthia; Khalilullah, Ibrahim Hanif
Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Vol 4 No 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ipmhi.v4i1.75668

Abstract

This paper explores the transformative potential of class action lawsuits in redefining justice for insurance policyholders in Indonesia. Through an in-depth examination of the legal landscape and specific cases, the study delves into the mechanisms and implications of leveraging class actions as a means of seeking justice within the insurance sector. By analyzing notable instances, such as the class action lawsuit initiated by insurance policyholders of PT Asuransi Jiwasraya and PT Asuransi Jiwa Adisarana WanaArtha, the paper scrutinizes the impact of collective legal action in addressing grievances and restoring violated rights. The research also navigates the legal provisions surrounding class actions in Indonesia, shedding light on their relevance and effectiveness in the pursuit of justice for insurance policyholders. Ultimately, this paper contributes to the ongoing discourse on legal remedies within the insurance industry, offering insights into the potential of class action lawsuits as a powerful tool for policyholders to assert their rights and demand justice in the Indonesian legal context.
The Consumer Protection Efforts through the Inclusion of Non-Halal Information on Food Products Hamonangan, Josafat; Sakti, Muthia
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.252-265

Abstract

Indonesia, the largest Muslim-majority country, requires a substantial amount of food to meet the needs of its population. This research examines efforts to protect consumers through the inclusion of non-halal information on food products. The study focuses on the regulatory framework, including the Consumer Protection Law, Law No. 33 of 2014 on Halal Product Assurance, and relevant regulations in Indonesia. It aims to analyze how including non-halal information contributes to protecting consumer rights concerning food products. Employing a juridical-normative approach, the research utilizes literature review and interviews. The findings underscore the importance of transparency regarding the halal status of products for consumers, with the inclusion of non-halal information serving as a protective measure for consumer rights. It reaffirms the business actor’s responsibility to provide such information on products not meeting halal standards. The study reveals that regulations mandating the inclusion of non-halal information can uphold the right to information for Muslim consumers. Should consumer rights remain unmet, individuals retain the option to seek legal recourse through civil, criminal, and administrative avenues. This research contributes to comprehending consumer protection practices concerning the halal status of food products in Indonesia. It lays the groundwork for policy enhancements and raising producer awareness of consumer rights in the context of halal food products.
LEGAL FRAMEWORK CONCERNING RENEWABLE ENERGY IN SUSTAINING INDONESIA'S HALAL INDUSTRY Muthia Sakti; Imam Haryanto; Dwi Aryanti Ramadhani; Sulastri
Journal Civics And Social Studies Vol. 7 No. 2 (2023): Jurnal Civicos Vol 7 No 2 Tahun 2023
Publisher : Institut Pendidikan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31980/journalcss.v7i2.758

Abstract

This article intends to describe the function of new and renewable energy in assisting the halal sector in Indonesia by using descriptive and comparative analytical studies on initiatives carried out by Germany about new and renewable energy. Indonesia has a very high potential to develop into a global powerhouse for halal food because its population is predominately Muslim. To accomplish this goal, the halal industry needs cooperation from various areas, one of which is innovative and renewable energy. However, Indonesia's inconsistent rules, particularly those governing investment, impede the development of new renewable energy sources. Investors must grow the initial business of renewable energy because it has high costs but can reduce the consumption of electricity or fossil fuels. Following that, this new renewable energy will be applied to various other industries, including halal food and beverages, pharmaceuticals and cosmetics, fashion, and tourism. The geographic position of Indonesia is another aspect that encourages the development of new renewable energy sources.
Pertanggungjawaban Platform E-Commerce Terhadap Penipuan Oleh Pelaku Usaha Terverifikasi Yang Mengakibatkan Kerugian Konsumen Rasyid, Mohammad Haikal; Jannah, Ghina Rhoudotul; Fiana, Vinka Arzetta; Latisha, Najwa; Nurfajriana, Syifa; Sakti, Muthia
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12521807

Abstract

This research aims to explain the types and forms of liability held by e-commerce platforms in cases of fraud by verified business actors. This includes a legal analysis of the platform's liability towards aggrieved consumers. This can improve the liability mechanism, e-commerce platforms can build consumer trust. Consumers who feel protected are more likely to shop online, which in turn can increase transaction volume and profits for e-commerce platforms. The method used in this research is Juridical-Normative by conducting research sourced from literature and from the results of decisions related to the Law or commonly referred to as library legal research conducted by examining secondary materials only. The results of this study are that consumer protection in digital transactions in Indonesia is regulated by the GCPL and ITE Law. In the case of fraud in ordering roof tiles on Tokopedia, there is negligence on the part of Tokopedia and vendors that violate the law. Consumer rights according to the GCPL have been violated, so the responsibility is not only on the deceptive seller but also on Tokopedia as a platform provider. However, Tokopedia does not support its consumers in resolving this dispute.
Perbandingan Perjanjian Pinjaman Online di Indonesia dan Amerika Serikat Permatasari, Deshy Eka; Laurenza, Dias Prima; Azzahra, Natasya Fhadyah; Christian, Noel; Zahia, Reyna; Paradisha, Uma; Sakti, Muthia
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12081769

Abstract

Currently, online loans are increasing in growth in various countries, due to the rapid growth of online loans, it is very important to understand this online loan agreement. With the growing growth of online loan services in various countries, we will therefore describe online loan agreements in Indonesia and the United States. In this article we will answer how the legal rules are applied in Indonesia and the United States in online loans and what the online loan agreement system is in Indonesia and the United States. This research uses the Normative Juridical method, which includes a legal approach that is relevant to the issue being analyzed and a Comparative Approach, namely comparing the regulations governing Online Loan Agreements in Indonesia and the United States.
Sistem Pengangkatan Anak Ditinjau Berdasarkan Hukum Positif dan Hukum Islam di Indonesia K, Kefianto; Akbar, Agil Masyhur; Sakti, Muthia
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11839771

Abstract

Adoption of children can be from anywhere, whether it is a child from a family, a child from another person, or a child in an orphanage. Child adoption in Indonesia is permitted and approved with good intentions as stated in Government Regulation Number 54 of 2007 and Law Number 23 of 2002 concerning Child Protection and meets the requirements. Indonesia itself does not have regulations regarding child adoption in the Burgerlijk Wetboek or Civil Code (KUHP). The research method in this study uses qualitative research methods. Qualitative research is a research method with the aim of understanding a phenomenon about what is experienced by research subjects or phenomena that occur in society. In this qualitative research process, a statutory approach is also used. Based on the research results, it was found that in Indonesia, in general, there are two ways to adopt a child, namely through a civil law perspective and using an Islamic legal perspective, both of which have been recognized by statutory regulations. There are several similarities between adoption of children both according to civil law and Islamic law, namely that adoption must be carried out through a legal process (through a district court or religious court) while the difference is that according to civil law adopted children can get inheritance rights whereas according to Islamic law adopted children does not receive inheritance rights from the parents who adopted him.
Implikasi Pencatatan Sipil Akibat Perbedaan Asas Kewarganegaraan yang Dianut Antar Negara Awalin, Hanif Fil; Rasendriya, Bariq Raditya; Mahira, Andi Humaira; Pramudita, Salmanita Shalsabella; Kusmaputri, Reta Indah; Ardian, Muhammad; Sakti, Muthia
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12176900

Abstract

Considering the importance of these events, in order to create an orderly and orderly society and to ensure legal certainty, a regulation is needed that regulates them. The regulations in question are regulations in the field of civil registration implemented by the civil registration institution, namely the Civil Registry Office. In this research, the author used normative research. This legal research is often referred to as doctrinal legal research which conceptualizes writing in statutory regulations or laws which are used as a benchmark for people's lives. The problem approach used is a statutory approach and a conceptual approach. The results of the research show that the Civil Registry (Burgerlijke Stand) is an institution established by the authorities which aims to prove as completely as possible and therefore provide maximum certainty about all events that are important for a person's civil status regarding birth, confession, marriage, divorce and death. . Differences in civil registration resulting from different citizenship principles in mixed marriages can affect the rights and obligations of citizens. These differences reflect the complexity in the legal and administrative systems of different countries, and emphasize the importance of having accurate and complete civil registration to ensure fair and equal rights and obligations of citizens.
IMPLEMENTATION OF ONLINE DISPUTE RESOLUTION (ODR) IN INDONESIA’S E-COMMERCE DISPUTES (COMPARATIVE STUDY WITH USA) Haryanto, Imam; Sakti, Muthia
Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.121

Abstract

ODR is the best alternative dispute resolution option in resolving E-Commerce disputes. In 2020, BANI has implemented this mechanism, but there are still shortcomings in its application. Because the existing obstacles have not been fully resolved. Adopting, and imitating the mechanisms, processes, and arrangements of countries that have successfully implemented ODR in their countries is one way to make the implementation of this mechanism successful in Indonesia. The normative legal research method is used by the author in writing this final project. The theory used is legal protection and certainty. Legal protection is used so that in analyzing the formulation of the problem it remains to protect the community from the law that will apply without the interests of the authorities. Restorative justice is used when the author concludes the deficiencies in the comparison of the two countries. All of this is done so that the author can analyze and conclude about the opportunities and obstacles to the implementation of ODR in Indonesia, as well as draw conclusions regarding the comparison between the two countries, in this case the United States and Indonesia. So that in the future ODR can be used as an option by all LAPS and the government can issue special arrangements related to ODR so that people do not hesitate in choosing this option in alternative dispute resolution, both E-Commerce business disputes and other civil disputes.
Analisis Perlindungan Hukum Terhadap Konsumen Atas Produk Skincare Ilegal Alfarissa, Tiara; Thefirsly N, Chiquita; Raditya, Bariq; Putri, Lisa Angelie; Awalin, Hanif Fil; Sakti, Muthia
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12097790

Abstract

Beauty products have become a trend among people as a tool for self-care. Self-care to beautify your appearance, especially your face, is a natural thing because having bright, white, clean facial skin, free of acne and black spots is a dream. Business actors are taking advantage of the massive self-care trend by creating products for self-care such as skincare. Skincare is a product that can eliminate skin problems, for example removing black spots, acne, dullness, blackheads and so on. The large market opportunity for skincare products is certainly a profitable target for business actors. Unfortunately, this opportunity is actually exploited by business actors by targeting consumers who are looking for cheap goods with instant results. This research will discuss the legal consequences of selling illegal skincare products and forms of consumer protection for those who use illegal skincare. The purpose of this writing is to provide information to readers about the large number of skincare products that are widely circulated without BPOM permission and the importance of BPOM permission for skincare products that are distributed widely. In carrying out the preparation of writing research results using normative juridical research methods. The conclusion of this research is increasing monitoring of skincare distribution and testing by BPOM.
Perlindungan Hukum Bagi Konsumen Dalam Penggunaan E-Wallet DANA Terhadap Transaksi Digital Aurelita, Mira; Bilqis, Audrey Azka; Sahara, Melian; Suhanda, Ariq Naufal Attalah; Gunawan, Rafy Akmal; Sakti, Muthia
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 5 (2024): Madani, Vol. 2, No. 5 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12205554

Abstract

Technological developments in the economic sector not only provide convenience in transactions, but also have challenges in implementation. Challenges related to security and consumer protection in digital transactions. The aim of this research is to find out the legal regulations for consumer protection for digital transactions in the era of digitalization and to find out legal protection for consumers in the DANA digital transaction application. The type of research method used in this research is a normative juridical approach. In this case, the data sources relied on are secondary data, such as statutory regulations, scientific journals and legal literature. The data collection method uses library research, and data analysis is carried out using a qualitative approach. The results of this research are that to protect consumers, the ITE Law and UUPK have provided a clear legal umbrella. Article 7 letter (f) UUPK regulates the responsibilities of e-wallet parties, including providing compensation if there is a violation of the agreement. Meanwhile, Article 19 explains the provisions for compensation for losses that may arise from the use of e-wallet services, confirming the responsibility of service providers towards their consumers. Thus, clear and firm legal protection for consumers in electronic transactions is very important to prevent losses in the future, as well as liability for service providers.
Co-Authors Abdul Hamid Afifa, Erina Nur Afifullah , Muhamad Agustanti, Rosalia Dika Akbar, Agil Masyhur Akbar, Sahda Saraswati Akhdan, Fariz Ridhanus Alfarissa, Tiara Alisya Rahma Saebani Amanda, Nur Septiana Andre Rizaldy Ardianti, Aini Dhia Atik Winanti Atik Winarti Aurelia, Amanda Aurelita, Mira Awalia, Diandra Ahsani Awalin, Hanif Fil Azzahra, Esi Anindya Azzahra, Natasya Fhadyah Bagas Prasetya Faliquzzaman Berliana Purwono Putri Bernadin Dwi M Bhagaskara, Herdandi Irsyad Bilqis, Audrey Azka Christian, Noel Christofel Adam Sitorus Diani Sadiawati Dianrachma, Mitari Dinanti, Dinda Dinda Dinanti Dwi Desi Yayi Tarina Erina Nur Afifa Erlyani, Rizka Fachri Hafizd Selian Fahrhezi, Tigor Akhmad Fahrozi, Muhammad Helmi Fairuz Mumtaz Abafiyah Putri Falevi, Yunizar Fauzan Alsadilla Hermawan Fauziyyah, Laila Febriana, Meutia Caesar Fiana, Vinka Arzetta Fitria Ayuningtyas Gunawan, Rafy Akmal Hamonangan, Josafat Handar Subhandi Bakhtiar Haryanto, Imam Herdandi Irsyad Bhagaskara Heru Sugiyono Hulu, Samuel Arthur Indira Putri Irfani Indri Syahfitri Irfani, Indira Putri ITOK DWI KURNIAWAN Itok Dwi Kurniawan Iwan Erar Joesoef Jannah, Ghina Rhoudotul K, Kefianto Khalilullah, Ibrahim Hanif Kusmaputri, Reta Indah Latisha, Najwa Laurenza, Dias Prima Loudoe, Fafat Akbar Maharani, Marsya Arviela Mahira, Andi Humaira Marasabessy, Masita Marcella Azzahra Maryam, Tazkia Asshiva Maryanto Maryanto Mohammad Rizky Siregar Muhammad Alfito Prawidiya Utama Muhammad Ardian, Muhammad Musyaffa Abidin, Fikri Rafi Mutaqin, Fadzal Nabila, Tiara Nada Prima Dirkareshza Novyana, Hilda Nur Hana Oktaviani Nurdin, Melinda Nurfajriana, Syifa Nurfarah Nidatya Panjaitan, Rachel Netanya Paradisha, Uma Permatasari, Deshy Eka Permatasari, Elizabet Devi Pramita, Sinta Ana Pramudita, Salmanita Shalsabella Puteri, Sita Narawita Putri, Andi Sabila Putri, Fairuz Mumtaz Abafiyah Putri, Fallen Annisa Aji Putri, Lisa Angelie Raditya, Bariq Ramadhani, Dwi Aryanti Rangga Wira Syahputra Rasendriya, Bariq Raditya Rasyid, Mohammad Haikal Raynold Sebastian Hasiholan Gultom Rianda Dirkareshza Rizkianti, Wardani Sabilla, Indana Zulfah Safitri, Nadila Sahara, Melian Samuel Arthur Hulu Satino Sherlyta Ramadhani Sinta Ana Pramita Sita Narawita Puteri Siti Helmyati Siti Nurul Intan Sari Dalimunthe Sitorus, Christofel Adam Suhanda, Ariq Naufal Attalah Suherman Suherman, Suherman Sulastri SULASTRI Sulastri Sulastri Suryo Hadi Kusumo Syahputra, Rangga Wira Sylvana Murni Deborah Hutabarat Sylvana Murni Deborah Hutabarat Taniaswari, Vioneta Rizky Taufiqurrohman Syahuri Thefirsly N, Chiquita Tiara Nabila Tobing, Yoshiro Emillio Lumban Utami, Kery Vinka Ananda Putri Wijaya, Safira Wirya Agung Kusuma Putra Yoshiro Emillio Lumban Tobing Yuliana Yuli Wahyuningsih Yusuf, Hasan Zahia, Reyna `Taupiqqurrahman, Taupiqqurrahman