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All Journal Rechtsidee Perspektif : Kajian Masalah Hukum dan Pembangunan Pembaharuan Hukum International Journal of Law Reconstruction JUSTITIA JURNAL HUKUM Jurnal Panorama Hukum Nagari Law Review Unes Law Review Jurnal Ilmiah Penegakan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Notaire JIIP (Jurnal Ilmiah Ilmu Pendidikan) Jurnal Abdi Masyarakat Indonesia Jurnal Impresi Indonesia Yuridika Perspektif Hukum POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Lex Journal : Kajian Hukum dan Keadilan Jurnal Penelitian Pendidikan Indonesia Journal of Law and Legal Reform
Zahry Vandawati Chumaida
Fakultas Hukum Universitas Airlangga
Religion Humanities Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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THE POSITION OF THE CONSUMER DISPUTE SETTLEMENT BODY IN THE EFFORT TO SUBMIT A CONSUMER DISPUTE OBJECTION Wibowo, Veronica Cynthia; Subagyono, Bambang Sugeng Ariadi; Chumaida, Zahry Vandawati
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.33307

Abstract

The purpose of this study is to analyse PERMA No. 1 of 2006 which is a guideline for the District Court as well as consumers and business actors regarding the procedure for filing objections to decisions of the Consumer Dispute Resolution Agency (BPSK) which had not previously been regulated in the UUPK Law. One of the things that is regulated in PERMA No. 1 of 2006 through Article 3 paragraph (3) is that the Consumer Dispute Resolution Body is not a party to the filing of objections to consumer disputes. Article 3 paragraph (3) of PERMA No. 1 Of 2006 contains new norms that were not previously regulated by the UUPK. This research discusses the ratio legis of BPSK not being a party in the objection of consumer disputes and how the legal consequences of BPSK as a Respondent in the objection of consumer disputes. This research is a doctrinal legal research that uses statute approach and conceptual approach. The results of the analysis of the writing of Article 3 paragraph (3) of PERMA No. 1 Of 2006 as a form of affirmation that BPSK is not a party, but an institution that has the duty and authority to handle and resolve consumer disputes. The existence of Article 3 paragraph (3) of PERMA 1/2006 gives legal consequences that if BPSK is included as a party to the objection, the District Court will give a decision that the lawsuit cannot be accepted. Although there are differences in the regulations in UUPK and PERMA 1/2006, with the existence of the AAPS Law, if there are problems related to arbitration at BPSK, the legal rules used are special rules, namely UUPK and its derivative rules including PERMA 1/2006.
Redefining Privity of Contract: The Untapped Rights of Consumers in Goods Delivery Agreements: Mendefinisikan Ulang Privity of Contract: Hak-hak Konsumen yang Belum Tersentuh dalam Perjanjian Pengiriman Barang Qois, Ghozi Naufal; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Rechtsidee Vol. 11 No. 1 (2023): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.980

Abstract

This study critically analyses the entrenched concept of the privity of contract doctrine within the context of goods delivery agreements and its impact on the final consumer, specifically focusing on issues of delayed delivery and consequential losses. Adopting normative legal research methodologies, it employs statutory, conceptual, and case-based approaches to dissect this complex consumer protection issue. The research reveals that while the privity of contract paradigm posits rights and obligations as exclusive to the contracting parties, the final consumer, as the recipient of goods, possesses legal standing in cases of delivery negligence or incurred losses. The study also highlights the consumer's right to delivery in accordance with the agreed terms, even when not a primary party in the agreement, as long as the goods are not for resale. The paper concludes by emphasizing the critical role of judges in assessing immaterial losses based on the principle of ex aequo et bono, thus underscoring a shift towards a caveat vendor approach in consumer law, with significant implications for both business actors and global consumer protection frameworks. Highlights: The concept of privity of contract is not absolute in goods delivery agreements, and the final consumer can possess legal standing in cases of delivery negligence or incurred losses. The recipient of goods, even when not a primary party in the agreement, maintains the right to delivery in accordance with the agreed terms, provided the goods are not intended for resale. Judges play a pivotal role in quantifying immaterial losses, underlining the shift towards a caveat vendor approach in consumer law. Keywords: Privity of Contract, Consumer Protection, Goods Delivery Agreements, Legal Standing, Ex Aequo et Bono.
Legal Protection For Investors of Government Bonds Whose Clauses Do Not Have A Maturity Period Shandietrysno, Adrianus Jeffri; Chumaida, Zahry Vandawati; Subagyono, Bambang Sugeng Ariadi
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.14-28.2023

Abstract

The state in running its government needs funds with the aim of national development and maintaining the stability of the country's economy. One of the funds obtained is through debt instruments, both domestic debt and foreign debt. The government avoids foreign debt, thus optimizing domestic debt with consideration so that the public can participate in raising funds for national development. With this goal, the government issued government bonds or better known as Government Bonds (SUN). Government Bonds are securities in the form of debt recognition letters in rupiah and foreign currencies guaranteed by the payment of interest and principal by the Republic of Indonesia, in accordance with the validity period. However, the SUN issued in 1950 by the government, has no perpetual bond. Unlike the SUN issued today, there is a maturity period and guaranteed by interest and principal payers as stipulated in Law Number 24 of 2002 concerning Government Bonds. Meanwhile, the SUN issued in 1950 has no time period, so it does not provide legal certainty and legal protection to holders of the 1950 SUN, even though the SUN was issued by the same government.
Can Indonesia’s Laws Keep Up? Protecting Consumer Rights in Digital Transactions Subagyono, Bambang Sugeng Ariadi; Romadhona, Mochamad Kevin; Chumaida, Zahry Vandawati; Suheryadi, Bambang; Elkhashab, Noureldin Samy
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.4202

Abstract

This research examines dispute settlement mechanisms within the framework of Indonesia's consumer protection laws and the Electronic Information and Transaction Law (ITE Law). Utilizing a normative legal methodology, the study analyzes relevant legal principles and doctrines, particularly focusing on Law No. 8 of 1999 on Consumer Protection and the Civil Code. The key findings of the study are twofold. First, it identifies that corporate entities bear responsibility for consumer losses under both the Consumer Protection Law and the ITE Law, which provides a legal structure for resolving disputes related to electronic transactions. However, the research also reveals a critical distinction: disputes arising from online purchases generally fall under the ITE Law, rather than the Consumer Protection Law. Second, the study highlights the challenge of interpreting the term "consumer" within the Consumer Protection Law, which explicitly refers to the final beneficiary of a product or service. This definition creates ambiguity in cases involving intermediaries or non-end consumers in online transactions. The study's contribution lies in its identification of a legal gap in the current regulatory framework. It suggests that the Consumer Protection Law may require revision to better address the complexities of modern e-commerce, particularly in distinguishing between end consumers and non-end consumers. By doing so, the research provides a foundation for future legal reforms aimed at improving the protection of consumers in the digital marketplace.
Tanggung Gugat Perusahaan Reasuransi Atas Pelanggaran Prinsip Itikad Baik Dalam Pembayaran Klaim Kepada Perusahaan Asuransi Maulida, Talia Alfirna; Chumaida, Zahry Vandawati
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.v6i1.864

Abstract

Article 1 point 7 of Undang-Undang Nomor 40 Tahun 2014 concerning Insurance explains that the reinsurance business is a reinsurance service business for insurance companies, guarantee companies, or other reinsurance companies for the risks faced by these companies. The implementation of reinsurance is stated in a reinsurance agreement based on the principle of utmost good faith. In practice, the parties often violate the principle of utmost good faith, such as in the case between PT Asuransi Tugu Kresna Pratama and PT Agilent Risk Specialties and PT MAA General Insurance. PT Agilent Risk Specialties and PT MAA General Insurance do not pay claims and fulfil their obligations as reinsurance brokers and reinsurers. There is a violation of the principle of utmost good faith, which should have been the basis of the implementation of the reinsurance agreement. This event forms the basis of this research, namely formulating legal arguments with systematic results regarding legal rules relating to reinsurance company liability for violations of the principle of good faith in paying claims to insurance companies.
A Form of Consumer Protection from Beauty Products that Contain Harmful Chemicals Maghfira, M. Risyah Farras Deka; Subagyono, Bambang Sugeng Ariadi; Chumaida, Zahry Vandawati
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32301

Abstract

The purpose of writing this scientific journal is to understand and know the forms of regulation and legal protection for consumers against dangerous cosmetics that are sold freely by analyzing the responsibility of business actors for the products they market. In the formulation of scientific writing, the research method used is normative law with reference to the analytical and conceptual approach to legislation. Regarding the source of the data used in this study, it comes from primary legal materials sourced from statutory regulations and literature review. From the results of the study it can be concluded that consumers are required to be more careful and careful in consuming a product and item. If consumers have carried out their obligations and feel aggrieved, they have the right to obtain legal protection and submit existing legal remedies and business actors must also be responsible for their obligations. Here the role of the government is needed to convey education to the public, especially consumers regarding education on cosmetic products in circulation that do not meet predetermined quality standards and this can have an adverse impact on consumers who use and are users of the final product. The Consumer Protection Law accommodates two important principles, namely product liability and professional liability. Business actors are obliged to be responsible for consumers who suffer losses due to defects in the products circulated by business actors.
Review the principle of trust in the marketing of investment-linked insurance products (PAYDI) in bancassurance Cindy Indudewi Hutomo; Agus Yudha Hernoko; Trisadini Prasastinah Usanti; Zahry Vandawati Chumaida
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 4 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020243239

Abstract

Trust is an essential element in the realm of investment. This study examines two legal issues in Bancassurance's PAYDI marketing. This study employs normative legal research, a systematic scientific approach used to address legal concerns that result from regulation. The utilized data consists of secondary sources, including statutes, judicial rulings, legal doctrines, and scholarly viewpoints. This study suggests that it is important to examine the teleological contractual relationship between the parties involved, particularly those that place importance on the social and moral components of the contract's goal. The collaboration between PAYDI and life insurance firms in implementing bancassurance marketing strategies with distribution business models is essential.
Legal Protection of Insurance Companies in Counter Insurance Products of Domestic Documentary Credit Letters (SKBDN) Containing Unconditional and Irrevocable Clauses Chumaida, Zahry Vandawati; Hutomo, Budiarmanto Setyo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5103

Abstract

In order to carry out business transactions, various types of payment instruments are known to accommodate the business interests of the parties. One of these means of payment is a Domestic Letter of Credit (SKBDN). SKBDN is a written agreement made by the Applicant and the Opening Bank, to make promises of payment to the Beneficiary as a result of the existence of a sales contract. There are several types of SKBDN, one of which is the Usance SKBDN, which is a type of SKBDN that provides the applicant with the opportunity to fulfill his obligations within a certain period of time. This obligation certainly contains risks. In order to avoid risks, the Issuing Bank then collaborates with Insurance to guarantee the Usance SKBDN through the Contra SKBDN product. Generally, SKBDN contains unconditional and irrevocable clauses. This clause is absolutely binding, it does not give insurance the opportunity to avoid claims. Therefore, a comprehensive legal understanding is needed to understand the limits of the application of unconditional and irrevocable clauses in order to protect the legal interests of Insurance from various existing risks, including the risk of unlawful acts occurring in the process of issuing SKBDN and Kontra SKBDN.
Enhancing Consumer Dispute Literacy and The Complaint System of The National Consumer Protection Agency (BPKN) in Realizing A Smart Consumer Society Subagyono, Bambang Sugeng Ariadi; Anand, Ghansham; Chumaida, Zahry Vandawati
Jurnal Abdi Masyarakat Indonesia Vol 6 No 1 (2026): JAMSI - Januari 2026
Publisher : CV Firmos

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54082/jamsi.2366

Abstract

Consumer protection in Indonesia continues to face challenges related to the low level of consumer legal literacy and limited utilization of the complaint mechanisms provided by the National Consumer Protection Agency (BPKN). This study aims to analyze how the improvement of consumer dispute literacy and the optimization of BPKN’s complaint system contribute to the realization of smart consumers in society. Using a juridical-normative approach, this research examines the legal framework governing consumer protection, supported by conceptual and case-based analyses from relevant regulations, legal literature, and official reports. The findings indicate that while Law No. 8 of 1999 on Consumer Protection and Presidential Regulation No. 50 of 2017 provide a solid foundation, the implementation remains hindered by normative limitations, weak institutional coordination, and low legal awareness among consumers. The discussion reveals that the effectiveness of BPKN’s complaint system depends not only on regulatory strength but also on public literacy and participation. Therefore, the study concludes that enhancing consumer literacy and strengthening institutional synergy are crucial in building a responsive and inclusive consumer protection system. These efforts will enable BPKN to play a more strategic role in empowering consumers and fostering a culture of smart, critical, and legally aware consumption behavior.
Co-Authors Adrianus Jeffri Shandietrysno Agus Yudha Hernoko Alkautsar, Ardo Anam, Mochammad Rifqi Asri Wijayanti Azzahra, Saffana Bambang Sugeng Ariadi Bambang Sugeng Ariadi S, Bambang Sugeng Bambang Sugeng Ariadi Subagyono Bambang Sugeng Ariadi Subagyono Christine Elisia Widjaya Cindy Indudewi Hutomo Dewi, Elreddian Kusuma Dinar Kripsiaji Dinda Bhawika Wimala Pastika Dywananda, Auliya Cistaraja Javier Elkhashab, Noureldin Samy Fiska Silvia Raden Roro Ghansham Anand Haryanto, Qinthara Qamarani Hidayatullah, Tomi Hutomo, Budiarmanto Setyo Hutomo, Cindy Indudewi Indira Retno Aryatie Kamaluddin, Muhammad Aqil Kukuh Leksono Suminaring Aditya Maghfira, M. Risyah Farras Deka Malie, Adi Muliawansyah Maulida, Talia Alfirna Qois, Ghozi Naufal Romadhona, Mochamad Kevin Shandietrysno, Adrianus Jeffri Suheryadi, Bambang Talia Alfirna Maulida Trisadini Prasastinah Usanti Wibowo, Veronica Cynthia Wulandari, Sinar Aju