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All Journal DE JURE Lentera Hukum FIAT JUSTISIA: Jurnal Ilmu Hukum Diponegoro Law Review Jurnal IUS (Kajian Hukum dan Keadilan) Pembaharuan Hukum PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) Jurnal Panorama Hukum Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Notariil Unes Law Review PALAR (Pakuan Law review) JURNAL RECHTENS Syntax Idea ADIL : Jurnal Hukum Jurnal Hukum Adigama Jurnal Syntax Transformation Indonesian Journal of Law and Society Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Legisia Journal of Economic & Business Law Review Equivalent: Jurnal Ilmiah Sosial Teknik Welfare State Jurnal Hukum IIJSE Jurnal Multidisiplin Ibrahimy Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Ermanto Fahamsyah
Faculty Of Law, University Of Jember, East Java, Indonesia
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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PERLINDUNGAN KONSUMEN SEKTOR JASA KEUANGAN ATAS PENYALAHGUNAAN DATA PRIBADI PADA APLIKASI KREDIT ONLINE Aldi Rinaldi; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8935

Abstract

A Fintech product is a combination of finance and information technology. Fintech adapted the principles of computer networks that are expected to make financial transaction processes more efficient and easier. Through a simple submission process, Fintech is a matter of public interest as a consumer as well as a business opportunity. As a fintech organizer, it is obligatory to protect personal data based on the principle of good personal data protection. Based on the Financial Services Authority Regulation No. 77 / POJK.01 / 2016, it is not related to the procedure or procedure for collection (collection) of Debt Loan payments by Loan Recipients. However, every effort to collect Debt Loans from Loan Recipients must be approved and approved in other applicable conditions. The collection of Debt Loan collections from Loan Recipients does not run in accordance with the existing provisions. Many cases when carrying out the collection (collection) of loan payments, the lender performs obligations to existing provisions and collects personal data of consumers to carry out billing (collection) as there is where confidentiality of personal data of consumers is not necessary. In fact the Personal Data Protection Act must be immediately passed to provide a strong legal basis for the protection of the public (consumers) for actions that harm Business Actors who do not have good faith in the effort.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PRODUK MIE BASAH YANG MENGANDUNG FORMALIN Bernald Sihite; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8941

Abstract

Wet noodles are foods that are consumed in Indonesia. The storage period of noodles is very short, so many noodle producers in Indonesia use food additives to make them more durable. formalin is a food additive that is prohibited from being added to food products, because it can damage health. This research is about the legal facts that occur against consumer protection against formal wet noodle products and the role of the government in preventing the manufacture and distribution of formalin wet noodles in Indonesia. Normative legal protection is regulated in UU NO. 8/1999 and UU NO. 7/1996. Strengthened by the Ministry of Health No. 722 / Menkes / Per / IX / 1988. The agency appointed by the government is BPOM as the supervisor and BPSK as the consumer dispute settlement, this study uses the legal facts of decision No.1603 / Pid.Sus / 2017 / PN / Bks. Where producers are found guilty of producing and circulating wet noodles containing formaldehyde. The results of this study prove that legal norms against the abuse of formalin in wet noodle products are very important in preventing the production and distribution of formalin wet noodles in the community
TANGGUNG JAWAB RUMAH SAKIT MITRA KELUARGA KALI DERES ATAS TINDAKAN PENOLAKAN PASIEN YANG BERUJUNG PADA KEMATIAN DITINJAU DARI UNDANG-UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Andre Scondery; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2738

Abstract

The hospital is a place where a person receives health services, where the hospital is a place that does not discriminate against a person in providing health services and this has been regulated by the Hospital Law, Health Act and also the Consumer Protection Act. But in reality there are still those who perform service actions by distinguishing the case of a Deborah baby who received a different treatment by the hospital so that the baby Deborah patient died of the treatment given by the hospital. The treatment is in the form of a hospital that does not carry out social functions based on the applicable law so that this action results in death to patients. This is caused because the family of Deborous patients cannot follow the request of the hospital which requires patients to pay the amount set by the house sick so that the hospital does not carry out actions according to social functions. In this case the hospital must be responsible for the actions it has taken.
PERLINDUNGAN KONSUMEN TERHADAP HAK KONSUMEN ATAS KEAMANAN DALAM MENGKONSUMSI BARANG DARI TINDAKAN PENGOPLOSAN BERAS Inne Christina; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.807 KB) | DOI: 10.24912/adigama.v1i1.2189

Abstract

The proceedings of low-quality mixing of rice poses a threat to consumers. Article 4 UUPK states the consumer rights of safety and protection in consuming a product, receiving correct information, honest and true, and enables compensation of the item received is incorrect. Article 7 states the obligation of the company to show good faith in carrying out their responsibility and guarantee the quality of their product, ensuring they meet the standards accordingly. Violations also happen according to Food Regulation. In order to avoid futher violations, the government should supervise the operations of the market trade. Additionally, what kind of legal protection towards the consumers rights regarding the safety of consuming products from the low-quality mixing of rice and what is the role of the government in supervising such kind of distribution? This research will list out the problems addressed by using normative methods. Research data will observe the existing legal prodictions of UUPK and Food Regulation by suggesting sanctions to companies that violate the policies of UUPK and Food Regulation, as well as the supervision of the government as stated in PERMENDAG No. 20 Tahun 2009.
PERLINDUNGAN HUKUM PETANI SEBAGAI KONSUMEN DALAM PERDAGANGAN DAN PEREDARAN PUPUK DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Putusan Nomor 2640K/Pid.Sus/2016) Chindy Yapin; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6657

Abstract

Fertilizer as a common trading product due to functionality in agricultural sector such as Mushan Munandar’s case where selling and distributing underated fertilizer. The research method that writer using is normative legal research. The purpose of this research is to understand legal protection toward farmers as the user of fertilizer and Judge’s decision on selling and distributing underated fertilizer case refer to Court Decision Number 2640K/Pid.Sus/2016. The result of this research are one, legal protection toward farmers has been implemented practically. By drafting regulation and policy which protect farmers. However, the implementation was ineffective. There were loopholes that have been used by individuals for the sake of their own purposes. Second, Judge’s decision on the case which writer brought up about violation of the consumers did not only refer to current regulation and policy. There were other considerations such as humanity and psychology wellbeing of the suspect become factors that influenced the weight of punishment.
Tanggung Jawab Produsen Rokok terhadap Bahaya Rokok Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Kosumen dan Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan Ryan .; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (750.571 KB) | DOI: 10.24912/adigama.v1i2.2754

Abstract

Consumer Protection Law regulates the legal protection of consumers and is intended to regulate the responsibilities and obligations of business actors / producers. However, there are still a number of producers who in carrying out business activities that still violate the provisions in the UUPK, one of which is cigarette producers. Therefore, the author propose a problem about how cigarette manufacturers' responsibility for the dangers of cigarettes according to the Consumer Protection Law and the Health Law. The author examines the problem by using normative legal research methods that use secondary data. From the results of the study concluded that the responsibility of cigarette producers to the dangers of cigarettes according to the Consumer Protection Law and the Health Law is that cigarette producers must be responsible for providing compensation in the form of bearing medical expenses for diseases caused by cigarettes themselves and providing honest, clear and correct information about the product, and change the results of the product to be in accordance with the standard quality of goods and / or services that already exist.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN AKIBAT DUGAAN MANIPULASI IKLAN PELAKU USAHA BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Zakaria Rasyid; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6921

Abstract

This study aims to find out and analyze consumer protection. Manipulating advertisements carried out by companies based on Law Number 8 of 1999 Concerning Consumer Protection (case study of sweetened condensed milk). The research method in the discussion of this Thesis is normative research, that is research conducted to study the legal forms against consumers which are suspected of being manipulation of advertisements carried out by business actors based on Law Number 8 of 1999 Concerning Consumer Protection. Related to the issues discussed in this study concerning legal protection to consumers, the alleged manipulation of advertisements carried out by companies attempts based on Law No. 8 of 1999 concerning Consumer Protection.
Tanggung Jawab Hukum Pelaku Usaha Atas Peredaran Kosmetika Yang Diduga Mengandung Bahan Berbahaya Dan Tidak Memenuhi Standart Mutu Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Kosumen (Studi Kasus Produk Kosmetika Hasil Rilis BPOM) Dede Afandi Hamid; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.7126

Abstract

UUPK has explained that the legal instrument which protect the consumers was not intended to shut off the business of businessmen. But actually it becomes a Healthy Business Season and becomes a strong company in facing up the rivalry through the supply of high quality goods and services.Human was perfectly created by God. The willingness in  every human  to appear more attractive and perfect has become a trend, not only for women but also men as well as teenagers that we are  called “millennials” becomes a proper things.The definition of cosmetic under The Regulation of Ministry of Health 1175/2010 about the cosmetic production permit is the ingredients and preparations to be used on the outside of the human body (epidermis, hair, nails, mouth, and outer genital organs). Head of BPOM appeals to the public to be smart consumers in choosing cosmetics. During 2018, BPOM has foreclosed illegal cosmetics worth 106.9 billion rupiah. In that Case, BPOM asked to the public to avoid some cosmetic products.
PERLINDUNGAN HUKUM BAGI KONSUMEN YANG BERITIKAD BAIK DALAM PEMBELIAN APARTEMEN (STUDI PUTUSAN : NO. 697/Pdt.G/2018/PN.Jkt.Utr) Monica Monica; Ermanto Fahamsyah
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8907

Abstract

Legal protection is a protection given to business actors as well as consumers who have goodwill in entering into an agreement. This agreement’s about agreement on buying and selling an apartment. In this agreement, consumers who have goodwill from the beginning until the end of the agreement.therefore as a customer with goodwill they need to get a legal protection. This legal protection can be formed of legal protection that has been regulated in the UUPK and SEMA. The UUPK itself explains that as consumers in goodwill will get protectionif this consumer has performed all their obligations. Unfortunately, the rights that should be obtained have been violated by the business actorinstead. Meanwhile, according to SEMA who also asserted that the consume hasme  the criteria of consumers in goodwill according toprovisions Pasal 1338 ayat (3) KUH Per, then they will get legal support which in this case a legal protection. However, it is not only possible to ask for legal protection of their violated rights, as a consumer they can also ask for accountability and compensation for what they have experienced, this matter has been regarded specifically regulated in both the UUPK and KUH Per. This liability is more the responsibility based on the existence of an element of error or default, liability based on the contract (agreement), or direct accountability by the producer for the loss suffered by the consumer.While the compensation must be following the losses suffered by consumers who already have goodwill, or even compensation accordance to the provisions of the Act, KUH Per.
Compensation Arrangements in Expropriating Goods and Equipment: An Indonesian Experience Misbahul Ilham; Bhim Prakoso; Ermanto Fahamsyah
Indonesian Journal of Law and Society Vol 1 No 2 (2020): Contextual Issues on Law, Policy, and Society II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i2.23433

Abstract

After the change of oil and gas production sharing contract scheme in 2017, the expropriation of goods and equipment has become the main clause in the Production Sharing Contract (PSC) contract. As a substantial production subsidiary, oil and gas exploitation is controlled by PSC. This paper aimed to examine the PSC contract, Oil and Gas Law, and upstream oil and gas business ordinance to expropriate goods and equipment. The PSC outline contains ownership of natural resources, the working area of ​​oil and gas operations, oil and gas reserves, capital, and sophisticated supporting goods and equipment. However, the problem in the contract dealt with the ownership of goods and equipment purchased by the contractor. The cooperation contract regulated that goods that support oil and gas operations were included in the category of State Property without compensation. The provisions in the contract tended to be detrimental to the contractors who have carried out the exploration stage but did not find oil and gas reserves until the specified time limit. This paper used normative legal research to analyze the regulation of clause the expropriation of goods and equipment and statute approach to explore the clause from various regulations. The result showed the acquisition of ownership of goods and equipment in the PSC, upstream oil and gas business regulation was not regulating the compensation arrangements. KEYWORDS: Natural Resources Law, Upstream Activities, Compensation Arrangements.
Co-Authors Aldi Rinaldi Aldy Valentino Ali Mufthi, Fikri Alifiyah, Fildza Shabrina Dias Ance Rimba Andre Scondery Annisa Tanzil K Bariroh, Ariska Zakiyatul Bernald Sihite Brigitta Amalia Rama Wulandari Chansrakaeo, Ruetaitip Chindy Yapin Chumaira, Aida Najma Dede Afandi Hamid Deny Akbar Santoso Dewi Masitah, Dewi Dewi Masithoh Dominikus Rato Dyah Ochtorina Susanti Firman Floranta Adonara, Firman Floranta Fradhana Putra Disantara Galih Husain Fauzi Gustiawan Putra, Ido Harianti, Isnin Herowati Poesoko, Herowati I Gede Widhiana Suarda Indra, Rahmadi Inne Christina Irfandianto, Mohammad Irham Rahman Ismail Ismail Iswi Hariyani Jamilatus Sholihah Kania Venisa Rachim Kumala Sari, Nuzulia M Arief Amrullah M. Khoidin Misbahul Ilham Moh. Ali Monica Monica Muthar, Achmad Novi Wahyu Riwayanti Nuzulia Kumala Sari Permata, Anggia Prakoso, Bhim Pramono, Gatot Eddy Pratama, Rino Hardi R.A. Rini Anggraini Rachim, Kania Venisa Rahmadi Indra Tektona Ramadhani, Khaulah Sayu Riko Sulung Raharjo Ruetaitip Chansrakaeo Ryan . Santyaningtyas, Ayu Citra Saputra, Ramadhan Dwi Setyawan, Fendy Sholihah, Jamilatus Suri, Fadillah Atika Suwadji Syahrul R, Syahrul Tamrin, Iqbal Taniady, Vicko Triasita Nur Azizah Vicko Taniady Wahjuni, Edi Wahyudiono, Tri Wijaya, Glenn Yundari, Yundari Yusuf Adiwibowo, Yusuf Zakaria Rasyid