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All Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan JIIP (Jurnal Ilmiah Ilmu Pendidikan) Literatus Jurnal Ilmiah Publika Jurnal Kewarganegaraan FOCUS: Journal of Social Studies IBLAM Law Review Fundamental : Jurnal Ilmiah Hukum Journal of Law
Nachrawi, Gunawan
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Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Literatus

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Pertanggungjawaban Hukum Pelaku Usaha yang Mendistribusikan Produk Makanan yang Tidak Layak Konsumsi atau Kedaluwarsa Siregar, Johany; Nachrawi, Gunawan
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1713

Abstract

In food products, it is very important to include information about the expiration date to protect consumers from the dangers of poisoning  from  expired  products.  The expiration date must be written on the product packaging or on the packaging box only. Usually, products that include information about the expiration date are products that come from factories or industries that produce in large quantities and have been widely distributed. However, sometimes there are some manufacturers who deliberately do not include the expiration date on their product packaging for profit alone. The act of selling products that are no longer fit for consumption is an act that is detrimental to consumers and violates the Consumer Protection Act with quite severe sanctions for the community or entrepreneurs who trade them. The formulation of the problem discussed is: 1) What are the legal consequences for business actors who deliberately distribute food products that are not fit for consumption or expired? and 2) What is the legal responsibility of business actors who deliberately distribute food products that are not fit for consumption or expired? The research method used is the normative juridical method, namely analyzing the relationship between applicable laws and regulations with legal theories and the practice of implementing positive law concerning the problems discussed. Keywords: legal responsibility, business actors, distribution of food products, expired
Akibat Hukum bagi Pelaku Usaha yang Mencantumkan Klausul Eksonerasi dalam Perjanjian Jual Beli secara Online Irawati, Indah Dwi; Nachrawi, Gunawan
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1716

Abstract

With the rapid development of internet technology, products offered by business actors can now be marketed and distributed quickly and globally through websites. This allows anyone, regardless of location, to directly access these sites and make online transactions. However, in some cases, business actors include terms such as "goods cannot be exchanged or returned" or "No Complain," which fall under what is known as an exoneration clause. The problems formulated for discussion are: 1) How can consumers anticipate and respond to the inclusion of exoneration clauses in online sales and purchase agreements? and 2) What are the legal consequences for business actors who include exoneration clauses in online agreements? The research method used is normative legal research, which analyzes legal problems, facts, and related legal phenomena through a legal approach to obtain a comprehensive understanding of the issue being studied. This descriptive analytical research aims to describe the situation or problem without drawing universally applicable conclusions regarding the legal consequences for business actors who apply exoneration clauses in online sales and purchase agreements. Based on the research results, the author concludes that business actors who include exoneration clauses for food products in online agreements are absolutely liable for any losses suffered by consumers. In such cases, the business actors are directly responsible for product defects caused by their own negligence.
Co-Authors Adhar, Muhammad Hilmi Al Faridzi, Mohammad Aminulloh, Achmad Aswan, Riel Barata, Fausta Ari Caprico, Ferdino Christmas, Christmas Fitrianingtyas Sukarno, Eins Gumelar, Ilham Heliany, Ina Hendra Tanu Atmadja Irawati, Indah Dwi Khoirunnisaa, Ronaa Leisdianto, Maylano Dwi M. Said, Yusuf Matondang, Mulia Hamonangan Misbahul Huda Robekha, Jamiatur RR. Ella Evrita Hestiandari Satrio, Ahmad Fajar Setiawan, Erry Siregar, Johany Yulianti, Tika