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Legal Culture and Legal Consciousness of Consumers: The Influence on Regulation and Enforcement of Consumer Protection Laws Fibrianti, Nurul; Santoso, Budi; Setyowati, Ro’fah; Rindyawati, Yuli
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.69336

Abstract

Consumer protection, vital for those who consume goods and services without the intent of resale, relies on government intervention through regulatory frameworks. These regulations play a pivotal role in shaping consumer behavior, referred to globally as consumer legal culture, influenced by diverse societal backgrounds. The effectiveness of such regulations depends on alignment with consumer values. This article scrutinizes consumer behavior in Indonesia, Spain, and Australia, each characterized by unique cultures impacting consumer conduct and regulatory development. In Indonesia, consumer behavior diverges, displaying a tendency toward weaker self-protection. Despite cultural diversity, consumer awareness of product scrutiny is deficient. Affordability often outweighs safety and quality considerations, reflecting a broader trend. Legal awareness is low due to insufficient education on consumer rights. Weaknesses in consumer protection regulations and inconsistent enforcement contribute to perceptions of inadequate safeguards. Globally, varied social and cultural conditions shape consumer behavior, emphasizing the common challenge of fostering awareness for product safety and quality. The article underscores the need for culturally sensitive approaches in formulating and enforcing consumer protection measures to address diverse challenges. In summary, understanding consumer behavior in distinct cultural contexts is crucial for effective consumer protection, necessitating tailored regulatory strategies to ensure product safety and quality on a global scale.
Advancing Pancasila Through Community Engagement: The Contribution of Universities to Ideological and National Awareness in Kenteng Village Arifin, Ridwan; Riyanto, R. Benny; Fibrianti, Nurul; Karsinah, Karsinah
Indonesian Journal of Advocacy and Legal Services Vol 6 No 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support (Artic
Publisher : Faculty of Law, Universitas Negeri Semarang

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Abstract

This paper explores the role of universities in advancing Pancasila as a guiding ideology through community engagement in Kenteng Village. As Indonesia faces challenges in maintaining national identity and unity, the significance of Pancasila— the nation’s foundational philosophical framework—cannot be overstated. The study examines a collaborative program initiated by a local university aimed at fostering ideological understanding and enhancing national awareness among villagers. Through workshops, seminars, and hands-on activities, university students and faculty worked closely with the Kenteng community to facilitate discussions on Pancasila values, encouraging active participation in civic life. The program also aimed to empower villagers by equipping them with skills and knowledge to promote social cohesion and resilience. The findings indicate that the initiative not only deepened the community's appreciation for Pancasila but also strengthened ties between the university and the village. Participants reported increased awareness of national issues and a stronger commitment to local governance and community development. This case study demonstrates that effective community engagement by universities can serve as a model for similar initiatives across Indonesia, reinforcing the importance of Pancasila in contemporary society. Ultimately, the paper advocates for a more structured approach to university-community partnerships, highlighting their potential to cultivate a deeper understanding of national identity and values among future generations.
Advocacy for Business Protection: The Role of Business Identification Numbers in Safeguarding Business Actors Fibrianti, Nurul; Maharani, Chatila; Sari, Maylia Pramono; Paramita, Niken Diah; Viana, Anisa Okta; Putra, Tegar Islami
Indonesian Journal of Advocacy and Legal Services Vol 6 No 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support (Artic
Publisher : Faculty of Law, Universitas Negeri Semarang

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Abstract

The provision of a Business Identification Number (NIB) is an important thing for business actors. One of the benefits of the issuance of NIB for business actors is that the government can provide assistance by means of technical guidance, consultation, and training to increase knowledge of the application of Indonesian national standards and halal product guarantee certification, and so on. However, today, there are still many business actors who do not know how the benefits of NIB for business actors, especially the role of NIB in protecting business actors. This article aims to find out how the role of the Business Identification Number in protecting business actors in Indonesia. This study uses normative juridical research method. The results showed that there are several roles of the Business Identification Number in protecting business actors. Business actors get legal protection in carrying out business operations. In addition, NIB also functions as a legal identity for business actors, which allows them to obtain valid business licenses, commercial licenses, and operations. In addition, NIB makes it easier for businesses to apply for business licenses and fulfill legality requirements. NIB can also increase the competitiveness of business actors by fulfilling the requirements to obtain certification. The issuance of NIB for business actors can be a form of contribution to the development of a better business ecosystem.
Criminalization of Consumers for Criticism Given to Companies Through Cyberspace in Theoretical Studies: Kriminalisasi Konsumen Atas Kritik yang Diberikan Kepada Perusahaan Melalui Dunia Maya dalam Kajian Teoritis Putra, Tegar Islami; Fibrianti, Nurul
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.4098

Abstract

The rapid maneuvering of technology has an impact on the trade sector. Social media is one of the communication mediums that is not uncommon to be used as a means of evaluating a product. However, not all product assessments circulating in the community have a positive impact on the company to be used as a means of product review, there are consumers who make an assessment of a product on social media in a way that is not good, causing harm to the company's image. Whereas the limitation of opinion in Indonesia is a juridical matter. The purpose of this paper is to be able to provide an analysis of the criminalization of consumers for criticism given to companies with criticism given through social media. The research method used in this research is normative juridical research method, conducted by studying and examining the application of legal norms. This study found that in the application of consumer criminalization of criticism given to companies through cyberspace, it can be done if he has fulfilled the elements as stated in the legislation. However, not a few perpetrators are let off by judges for several reasons related to the weak consumer protection regulations in Indonesia. So in this case, it is important for judges to be able to pay attention to expert theories in making decisions, such as Speech Act Theory and Injuria Sine Damno Theory.
Legal Issues Regarding Interfaith Marriage According to Indonesian Marriage Laws: Problematika Hukum Terhadap Perkawinan Beda Agama Menurut Undang Undang Perkawinan Sagala, Ermiyani; Fibrianti, Nurul
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.6497

Abstract

This research aims to examine the legal study on the legalization of interfaith marriage and how the government regulates interfaith marriage. This research utilizes a normative legal research method, specifically scientific research, to gather facts that align with legal arguments from a normative perspective, which inventories literature research or studies legal documents from a doctrinal standpoint. Data collection techniques involve documentary research supported by field research to obtain basic legal documents (legal approach) and facts (factual approach) to identify primary, secondary, and tertiary legal documents using a legal concept approach. Thus, from this research, it can be concluded that judges recognize interfaith marriage because of the social and legal aspects they consider. Therefore, this research can discuss both social and legal aspects. The mechanism for applying for interfaith marriage is through court determination according to the provisions of Law Number 23 of 2006 concerning Population Administration. According to Article 35, the registration of marriage with individuals of different faiths must be done upon the court's order. The application is made through the mechanism of a district court decision. Couples marrying from different faiths abroad must go through this process as there are no regulations regarding interfaith marriage in Indonesia. Therefore, the registration of interfaith marriage must be done through a court order. The marriage certificate can be obtained at the Civil Registry Office.
Legal Assistance and Penal Mediation in Theft Cases Involving Physical Altercations: Enhancing Pancasila Values in Kenteng Village: Bantuan Hukum dan Mediasi Pidana dalam Kasus Pencurian dengan Kekerasan Fisik: Penanaman Nilai-Nilai Pancasila di Desa Kenteng Arifin, Ridwan; Riyanto, R. Benny; Fibrianti, Nurul; Karsinah, Karsinah; Ananta, Bintang Rafli; Zainurohmah, Zainurohmah; Indraswara, Dede; Sulaksmi, Galih Niken Anggoto
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.13199

Abstract

Cases of theft leading to altercations pose significant legal and social challenges that require effective resolution strategies. In Kenteng Village, such incidents frequently escalate into prolonged conflicts between perpetrators and victims. This study aims to evaluate the effectiveness of legal assistance in theft cases through penal mediation, with a focus on reinforcing Pancasila values ​​at the village level. A qualitative approach with an in-depth case study methodology was employed. Data were collected through interviews with perpetrators, victims, authorities, and mediators, as well as document analysis. The study investigates how legal assistance and penal mediation can facilitate conflict resolution while supporting the application of Pancasila values ​​in the case resolution process. The findings reveal that integrated legal assistance and penal mediation can reduce tensions between disputing parties and increase the likelihood of peaceful resolution. Penal mediation, involving a third-party mediator, enables constructive dialogue and fair settlements, considering the interests of both parties. The reinforcement of Pancasila values, such as social justice, humanity, and unity, proves effective in fostering mutual respect and tolerance within the village community. In conclusion, legal assistance and penal mediation not only address legal disputes but also strengthen Pancasila values ​​within the community. Recommendations for future research include the development of mediation and legal assistance training programs based on Pancasila values ​​to extend their application to other regions.
Optimizing Expertise through Commercial Intellectual Property Achievement to Support Research Output Downstreaming: External Aspects in Policy Reform Riyanto, R Benny; Prajanti, Sucihatiningsih Dian Wisika; Fibrianti, Nurul; Karsinah, Karsinah
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.6455

Abstract

This study investigates the optimization of faculty expertise by leveraging commercial intellectual property (IP) achievements to facilitate the downstreaming of research outputs. It explores how universities can enhance their research impact and contribute to societal and economic development by effectively commercializing their intellectual assets. Emphasizing external aspects in policy reform, the research examines the intricate intersection of academia, industry, and legal frameworks. By aligning academic endeavors with policy reform initiatives, universities can create a conducive environment for knowledge transfer and innovation diffusion. This paper underscores the significance of integrating commercial IP achievements into academic practices to bridge the gap between research and real-world applications. Through strategic partnerships with industry and effective utilization of legal mechanisms, universities can maximize the commercial potential of their intellectual assets. Furthermore, by fostering a culture of innovation and entrepreneurship among faculty members, universities can drive impactful research outcomes that address societal challenges and fuel economic growth. The findings suggest that policymakers play a crucial role in shaping the regulatory landscape to incentivize and support commercialization efforts within academia. By implementing policies that streamline IP management processes and provide adequate funding and infrastructure support, governments can foster a vibrant innovation ecosystem that promotes collaboration between academia and industry. Ultimately, this study advocates for a holistic approach to research commercialization that integrates academic, industrial, and policy perspectives to maximize societal benefits and promote sustainable development.
Data Protection Impact Assessment Indicators in Protecting Consumer Personal Data on  E-commerce Platforms Tegar Islami Putra; Nurul Fibrianti; Mohammad Raziq Fakhrullah
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 1 (2024): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i1.2002

Abstract

Efforts to protect consumers' personal data on e-commerce platforms can be carried out by conducting a Data Protection Impact Assessment. This article discusses the indicators of the execution of Data Protection Impact Assessment by pivoting on the rights of personal data subjects based on Law Number 27 of 2022.  This research uses a library research method by focusing on legal materials so that it can be said to be library based. The results show that Data Protection Impact Assessment is explained in Article 34 paragraph (1) of Law Number 27 of 2022 concerning Personal Data Protection which is then further regulated through Government Regulations as mandated by Article 34 paragraph (3). However, the Government Regulation relating to this matter has not yet been ratified, so it still refers to the mandate of Law Number 27 of 2022. This Data Protection Impact Assessment indicator can refer to Article 16 paragraph (2), Article 34 paragraph (1) and (2), Article 35, Article 20 paragraph (2), and Article 27 of Law Number 27 Year 2022. In terms of Data Protection Impact Assessment indicators as the protection of consumer personal data on e-commerce platforms, it can refer to the mandate that explains the rights of personal data subjects and their limitations in a separate article and the form of personal data processing as mandated by Article 34 paragraph (2) of Law No. 27 of 2022.
Review of Child Consumer Protection in the Practice of Online Gambling Games Through the Gacha System Fibrianti, Nurul; Dahlan, Tri Andari; Anitasari, Rahayu Fery; Paramita, Niken Diah; Putra, Tegar Islami
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 3 (2024): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i3.13198

Abstract

The online game industry is increasingly widespread and diverse in its practices to attract users, one of which is the use of the gacha system. This article discusses the gacha system in online games and its potential impact on children. Gacha, which involves paying for random in-game items, is often compared to gambling due to its elements of chance and the potential for profit. The system triggers dopamine release, making players feel pleasure, but children are particularly vulnerable to its mechanics. The article highlights the lack of juridical protection in Indonesia against online games that use gacha systems. While the Child Protection Law prohibits the economic exploitation of children, there are no specific regulations addressing gacha systems in online games. The authors identify the potential economic exploitation of children through gacha as a significant problem. They suggest two solutions: promoting traditional games with character-building content for children, and providing education on character development when introducing these games. From a legal perspective, the article calls for concrete protection measures for children playing online games with gacha systems. The research uses a normative juridical approach, employing library research based on literature.
Clashing Legal Realities: A Comparative Analysis of Insolvency Tests in Australia and Indonesia's Bankruptcy Law Riyanto, R Benny; Arifin, Ridwan; Fibrianti, Nurul; Laryea, Emmanual; Syahputra, Bearlly Deo
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27327

Abstract

This comparative study explores the insolvency test frameworks in Australia and Indonesia, focusing on the legal perspectives within their respective bankruptcy laws. In Australia, the insolvency test is governed by the Corporations Act 2001, which employs a dual approach: the balance sheet test, assessing whether liabilities exceed assets, and the cash flow test, evaluating a company's ability to meet debts as they fall due. This combination aims to offer a comprehensive picture of a company's financial health, facilitating early intervention to prevent insolvency. In contrast, Indonesia's insolvency regime, regulated by the Insolvency and Suspension of Debt Payment Obligations Law (UUPK), adopts a more creditor-centric approach, emphasizing the debtor's ability to meet debt obligations rather than focusing on asset-liability balances or cash flow. This disparity reflects differing legal frameworks and economic contexts, which in turn affect the efficiency and effectiveness of insolvency proceedings in each country. The study utilizes a comparative legal research approach, analyzing primary legal texts, case law, and secondary literature to examine the procedural differences, particularly in the initiation of bankruptcy claims and the protection of creditors' rights. It also explores how these divergent insolvency tests shape the resolution of financial distress, considering both legal and practical implications in the respective jurisdictions. The findings highlight key contrasts in how insolvency is defined and addressed, with Australia prioritizing preventative measures and a holistic view of financial health, while Indonesia's system places more emphasis on creditor protection and debt repayment capacity. The study concludes with recommendations aimed at improving alignment and efficacy within each legal framework, proposing adjustments that could enhance financial stability and optimize outcomes for stakeholders in both countries.