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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Tutiek Retnowati
Faculty of Law, Narotama University, Surabaya
Health Professions Law, Crime, Criminology & Criminal Justice

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Legal Protection Against The Consumer For Unlawful Actions Conducted By Business Personnel Asa Prayoga Jiwangga; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

This study aims to determine and analyze the form of legal protection and the consequences of an illegal act committed by a business actor in violating an agreement and done intentionally. The research method in this study uses a normative research method and uses the statute approach method (statutory approach) and the conceptual approach (concept approach). The result of this study is that legal protection is one of the legal certainties that is in the spotlight of the Indonesian government so that Indonesian citizens can carry out normal activities in the community without fear of an act that is detrimental to them. Legal protection for consumers is a reference for the government in reducing arbitrary attitudes by businesses and consumers. As evidence of the government's efforts to protect consumer rights, Law Number 8 of 1999 concerning Consumer Protection or commonly abbreviated as the Consumer Protection Act was born. One of the actions that often occur as a result of arbitrary attitudes committed by business actors is an act against the law as stipulated in article 1365 of the Civil Code. As a form of legal protection, sanctions or compensation for the consequences of unlawful acts is applied. The application of sanctions or compensation is not formulated in Article 1365 of the Civil Code, but the application of sanctions or compensation is applied through a district court decision.
Liability Against Wedding Organizer Default Naufal Syaughi Margono; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Marriage is one of the human needs there are various kinds of ways for marriage, one of the most popular in the modern era is now using the services of a wedding organizer, pandamanda is one of the wedding organizer services that dares to offer rental prices for services at prices below the average price of wedding planners in general. However, at the time the implementation carried out by Pandamanda to the consumer was not in accordance with what was promised, when the date of the wedding had taken place it turned out that the food in the wedding ceremony was not available. The formulation of the problems contained in this study were: 1 ) What is the legal protection for the default act committed by the wedding organizer to the consumer? 2) What is the legal action taken by the consumer as a result of the default by the Wedding Oganizer? The objectives of this research are 1) To find out and analyze legal actions for default actions committed by the wedding planner 2) To find out and analyze legal actions taken by consumers due to default actions by the wedding planner. The results of this study is a party that defaults to consumers as regulated in article 1243 of the Civil Code which reads that compensation for costs, losses and interest due to failure to fulfill an agreement shall begin to be obliged if the debtor, although declared negligent to carry out the engagement.
Co-Authors Asa Prayoga Jiwangga Naufal Syaughi Margono