Articles
Bentuk DanTanggungjawab Atas Terjadinya Keterlambatan Penerbangan (Delay Management) Pada Badan Usaha Angkutan Udara Niaga Berjadwal Di Indonesia
Fitriah, Fitriah
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v15i3.76
After the reform, in Indonesia there are many new airlines in addition to government-owned airlines. Each airline is competing to serve passengers at a low price. Airlines often offer promo tickets. With the tariff war between airlines often forget the protection of the passengers themselves. So the plane often experienced schedule delay, baggage claim lost or the worst: accident accident. To implement the provisions of Law Number 1 Year 2009 on Aviation and provide protection and service of scheduled commercial airline passengers, it is necessary to regulate Flight Delay Management at the Scheduled Commercial Air Transport Agency in Indonesia. Referring to the Law stipulated Ministerial Regulation (PM) concerning the handling of flight delays (Delay Management) at the Business Air Transport Agency Commerce Scheduled in Indonesia. In Ministerial Regulation no. 89 Year 2015 is also described the scope of flight delays and factors causing delays. The factors causing flight delays (Delay Management) at the Scheduled Air Transport Operations Agency in Indonesia (Article 5 PM 89 of 2015) are: Flight management factor, operational tennis factor, weather factor, and other factors. In the event of delayed flight, the airline is responsible for providing compensation and anti-loss to the passenger. Air transport business entities shall compensate in accordance with the category of delay as referred to in Article 3 PM 89 of 2015.
PENYELESAIAN SENGKETA KONSUMEN AKIBAT KERUGIAN KARENA TIDAK TERPENUHINYA HAK-HAK KONSUMEN ATAS INFORMASI YANG BENAR DALAM RAHASIA DAGANG
Fitriah, Fitriah
Solusi Vol 16 No 2 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v16i2.129
The purpose of doing business is to achieve maximum profit so that business actors try to win the competition even though it is done through ways that are contrary to ethics and law so that not only other business actors are harmed but also consumers. Trade Secret that is part of the Right of Wealth Intellectual property is an exclusive right for the owner or recipient of the right to enjoy the economic benefits of information that is not publicly known in the field of technology and business. The owner of the Trade Secret as an entrepreneur has the right to conceal the information of such economic value to anyone including the consumer. But on the other hand under the Consumer Protection Act (UUPK), the consumer has the right to correct information on the goods it receives. The settlement of the dispute due to the non-fulfillment of the consumer right on the correct information about the goods may occur due to two possibilities, namely: with consumers who violate UURD for seeking the correct information about the product of the goods it receives by committing an act against the law. And disputes related to business actors who violate UUPK because they do not provide the correct information about the goods being produced and marketed. In the case of a dispute due to a business actor who does not provide correct information about the goods produced and marketed, in accordancewith UUPK, any consumer or aggrieved consumer group may by suing a businessactor through an agency in charge of resolving disputes between consumers andbusiness actors.
BENTUK DAN TANGGUNGJAWAB PIHAK BANK TERHADAP DANA SIMPANAN PARA NASABAH
Fitriah, Fitriah
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v16i3.139
A bank is a financial institution whose existence depends absolutely on the trust of its customers who entrust their savings funds. Banks are very concerned that the trust of the public, who have and who will save their funds, are well-maintained, considering that the bank is part of the financial system and payment system. Bank secrecy is very important because banks need the trust of the people who keep their money in the bank. The customer only entrusts his money to the bank or makes use of the bank's services if the bank provides a guarantee that the bank's knowledge of deposits and the state of their assets will not be misused. The legal relationship between the bank and the depository customer starts from the signing of a written agreement (contractual relationship) between the bank and the customer which contains the rights and obligations for each party. As for the form of agreement for depositing funds between the customer and the bank, it is called a deposit agreement (Article 1319 Civil Code). In a deposit agreement, the bank sets certain general requirements in a deposit account or savings account, among others, the recipient of the deposit (bank) can use the depositors' money and at a certain time the bank will provide interest. Other provisions that can be used as the basis of relations between banks and depositors are Proxy Giving. Depositors give their power to banks when signing deposit accounts or savings accounts or bank accounts. This agreement becomes a law or law for both parties (Article 1338 of the Civil Code). As a manifestation of the bank's responsibility for depositing customers, banks must pay attention to the 4 (four) pillars of the relationship between depositors and banks, namely: Prudence, Health, Bank Secrets and Trust
Perlindungan Hukum Terhadap Konsumen dari Pelaku Usaha Periklanan Menurut UU Nomor 8 Tahun 1999
Fitriah, Fitriah
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v17i1.152
The general provisions of Article 1 paragraph 6 of Act Number 8 of 1999 concerning Consumer Protection, that "Promotion is an activity to introduce or disseminate information on an item and / or service to attract consumers' buying interest in goods and / or services that will be and are being traded". Advertising is a form of information, a tool for product business actors to introduce their products to the public in order to attract people to use these products. the public will get an idea of a product if the product is advertised, but the problem is that the ad does not always provide true or complete information about a product, so many consumers feel cheated by outstanding advertisements. There are several articles regulating advertisements on legal protection against consumers, namely Article 9, Article 10, Article 12, Article 13, Article 17, and Article 20. If a business actor has made an agreement with the consumer then the businessman deceives with the purpose of fraud then it can be used as an excuse to cancel the agreement stipulated in Article 1321 of the Civil Code and article 1328 of the Civil Code. However, if there is no contractual or contractual relationship between the business actor and the consumer, the consumer is harmed as a result of the advertisement lie, for example a consumer is injured and loses, the business actor is declared as a party that is violated by Article 1365 of the Civil Code.
PERLINDUNGAN HUKUM TERHADAP PASIEN PESERTA BADAN PENYELENGGARA JAMINAN SOSIAL DALAM MENDAPATKAN PELAYANAN KESEHATAN
Fitriah, Fitriah
Solusi Vol 17 No 3 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v17i3.213
The legal protection of patients' rights participating in the Health Social Security Administering Board (BPJS), in obtaining government health services, issued Law Number 24 of 2011 stipulating two State-Owned Enterprises namely PT Askes (Persero) and PT Jamsostek (Persero) to be changed in form became a Public Service Agency to carry out five programs mandated by Law Number 40 of 2004, namely the Health Insurance program for Health BPJS and other programs submitted to BPJS Employment. Hospitals in providing health services to BPJS participants are constrained by the unmet fulfillment of facilities and infrastructure in accordance with applicable standards and the non-fulfillment / availability of consumable medicines and medical materials needed. The provision of Article 49 of Law Number 24 Year 2011 states that for those parties who feel disadvantaged and their complaints cannot be resolved by the quality control unit, dispute resolution can be done through a mediation mechanism. Settlement agreements through mediation must be in writing, final and binding. In the case of complaints that cannot be resolved by controlling the quality of services and handling complaints by participants through the unfinished mechanism of dispute resolution, it can be submitted to the District Court in the area where the applicant lives.
IMPLIKASI PRODUK KEMASAN KADALUARSA PADA PERLINDUNGAN HUKUM BAGI KONSUMEN
Fitriah, Fitriah
Solusi Vol 18 No 1 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v18i1.262
This study aims to examine the legal protection of consumers against expired packaged food products. Consumer is every person or business entity that is either a legal entity or not that can use a product and / or service that is obtained through the buying and selling process, gift or gift, and the product can be consumed directly. Consumers can not be separated from the rights and obligations of producers. In this case the manufacturer is the party that produces the product. In fact there are still many business actors who deliberately sell their food products that have expired, and this is not realized by consumers, because consumers just take it for granted without paying attention. And this is very detrimental to the rights of consumers and can endanger their health and safety. The Consumer Protection Act No. 8 of 1999 aims to protect consumers against their rights as well as the prohibition of producers in producing dangerous products. The government is authorized and responsible for regulating and overseeing the production, processing, distribution of food and beverages.
PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM TRANSAKSI JUAL BELI MELALUI MEDIA SOSIAL
Fitriah, Fitriah
Solusi Vol 18 No 3 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v18i3.305
The very rapid growth of internet users has made the internet a very effective medium for carrying out trading activities. Buying and selling transactions through this media are an attractive alternative and are very attractive to consumers, because it is very easy to find the desired item, can compare prices, payments are simply made by transfer, waiting for goods to arrive without leaving the house, products can be seen 24 hours by anyone and whenever. The validity of electronic contracts carried out by both parties based on the principle of consensualism regulated in Article 1320 of the Civil Code and strengthened by Article 18 of the Electronic Information and Transactions Law, that Electronic transactions that are contained in an Electronic contract are binding on the parties. E-Commerce transactions are in principle the same as other transactions so that if one party defaults to the other party that is contrary to the agreement, it has violated the applicable positive law and also the agreement that has occurred at the beginning of the transaction and civil law action can be taken through the court or through channels. non court.
TANGGUNG JAWAB PRODUK DALAM TRANSAKSI E-COMMERCE
Fitriah, Fitriah
Solusi Vol 19 No 1 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v19i1.332
Product responsibility in e-commerce transactions is the civil responsibility of business actors for losses suffered by consumers due to using the products they produce, the presumption of liability principle as a modification of the principle of responsibility on the reverse burden of proof. The principle of absolute responsibility adopted by producers gives very important attention to producers in protecting consumers as the weak party in carrying out a transaction, especially in e-commerce transactions. Product liability that adheres to stict liability can be very useful for consumers in protecting consumers in e-commerce transactions. So that consumers are not obliged to prove a mistake, it's just that consumers in a transaction should be able to prove that a product they use is defective so that it is detrimental to it.
TINJAUAN HUKUM TERKAIT TAWARAN KREDIT TANPA AGUNAN (KTA) MELALUI SHORT MESSAGE SERVICE (SMS)
Sundari, Sundari;
Fitriah, Fitriah
Solusi Vol 20 No 1 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v20i1.432
Related to Short Message Service (SMS) received from banks actually the government has provided protection for consumers of telecommunication service users, among others through the Regulation of the Minister of Communication and Informatics No. 5 of 2021 on the Implementation of Telecommunications (Permenkominfo 5/2021) which stipulates that telecommunication service providers must store telecommunication service customer data as long as telecommunication service customers actively subscribe to telecommunication services. This research aims to see what steps can be legally taken if you feel disturbed by the credit without collateral (KTA) offer given through short messages such as SMS. The research method used in this study is a normative method of law. First, telecommunication service providers are also required to keep the data and /or identity of customers secret unless otherwise specified under the law. Second, violations of these provisions by telecommunication service providers will be subject to administrative sanctions that can be in the form of written reprimands, the imposition of administrative fines, temporary suspension of attempted activities, termination of access, police force, revocation of services; and/or, revocation of the permit attempts.
KEBEBASAN BERPENDAPAT DAN BEREKSPRESI DI MEDIA SOSIAL PRESPEKTIF HUKUM DAN HAK ASASI MANUSIA
-, Khairani Hasibuan;
Aspani, Budi;
Fitriah, Fitriah
Solusi Vol 22 No 3 (2024): SOLUSI
Publisher : Faculty of Law, University of Palembang
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DOI: 10.36546/solusi.v22i3.1335
The characteristic of a country that has progressed in the era of globalization is by seeing how the role of the internet or social media can change the mindset and behavior of its people. The role of the internet today has a fairly important role because almost all activities or information can be accessed on the internet. The internet provides many interesting features and can be a place for people to express themselves, either by providing education, suggestions and criticism, although in fact what is written and said on social media can cause pros and cons. However, as a country that adheres to a democratic system, the government as a facilitator must give its citizens the right to freely express and express their opinions, either directly or through social media. Freedom of opinion and expression is a basic right that has been guaranteed by the constitution in various countries, including Indonesia. Where this right has been universally recognized and guaranteed in various legal instruments, both nationally and internationally. However, freedom of opinion and expression often clashes with other interests such as national security, public order, and the rights of others. This is a challenge to control so that limitations and regulations are given to this freedom, especially in the context of the spread of hoax information, hate speech and violation of privacy. The purpose of this study is to examine and analyze freedom of opinion and expression on social media from a legal perspective, both in terms of relevant national and international regulations.