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Rusdin Alauddin

Khairun University Ternate

Author-ID : 4179100

Law, Crime, Criminology & Criminal Justice

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Articles

Consumer Legal Protection in the Perspective Of The Standard Clause In Tinujau In The Consumer Protection Law In The City Of Ternate Rusdin Alauddin; Irham Rosyidi; Abdul Azis; Nurhadija Isa
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

This study aims to determine the inclusion of standard clauses in Supermarkets in Ternate City and consumer legal protection related to harmful standard clauses. The type of research used is juridical, a form of legal research that takes sources from library materials. However, empirical research is also needed to find out how to include standard clauses in the field to support juridical research. The study results indicate that so far, the standard clauses contained by business actors, such as supermarkets, are not entirely by the provisions stipulated in the Consumer Protection Act. This is evident from the results of the study that business actors will include unilateral provisions and submission to new or advanced regulations that can occur at any time in the future, for example, adding money or exchanging for other goods when consumers want to insist on exchanging goods that have been purchased and of course waiving the clause. Standards prohibited by the Consumer Protection Act Article 18 paragraph 1 point g. Due to the position of the parties listed in the standard clause, it is considered unbalanced or unequal between the creditor and the customer. Business actors and debtors, in this case, consumers, then are where the role of law is needed to provide legal protection for upholding justice. Therefore, it is necessary to enforce the rights of consumers by the mandate of Law Number 8 of 1999 concerning Consumer Protection Article 4, which regulates consumer rights such as the right to have their opinions and complaints heard on the goods and services used and the right to be treated or treated. Served correctly and honestly, and non-discriminatory. This is necessary for the sake of legal protection for consumers

Legal Protection For Consumers Of Refill Drinking Water In The City Of Ternate Rusdin Alauddin; Irham Rosyidi; Mardania Gazali
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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This study aims to (1) determine the legal protection of consumers who are harmed by consuming refilled drinking water. (2) knowing the form of supervision of the relevant agencies on refill drinking water produced by refill drinking water entrepreneurs. The type of research used is juridical, a form of legal research that takes sources from library materials. However, to support the juridical research, an empirical type of research is also needed to determine how to implement the management of Drinking Water Depots. The results of this study indicate that so far, the efforts of refilling drinking water consumers in Ternate City to obtain their rights as consumers have not been maximized. This is because not many people are aware of the Consumer Protection Act. Likewise, with refill drinking, water business actors in Ternate City, not all refill drinking water depots have permits or have registered their businesses with the relevant agencies. Whereas all matters relating to drinking water depots, including the conditions for their establishment, are explicitly regulated in the Decree of the Minister of Industry and Trade Number 651/MPP/Kep/10/2004 concerning Technical Requirements for Drinking Water Depots and their Trade. The supervision of the relevant agencies on refilling drinking water produced by refilled water entrepreneurs is also not running as it should. This is due to the lack of human resources.

Environmental Legal Aspects In Protection Of Natural Resource Management Rusdin Alauddin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

This study aims to identify the application of Administrative, Civil and Criminal sanctions against Environmental Criminals and formulate factors that affect law enforcement against environmental criminals, in the context of utilizing/protecting natural resources. The type of research used in this research is normative legal research, there are 3 kinds of library materials used, namely primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques used through documentation studies or through literature searches. The data obtained from the literature study will be analyzed with descriptive analysis techniques. The results of the study obtained that the application of sanctions from the aspect of environmental law to the use of Natural Resources was carried out through three fields, namely the field of State Administration, the field of Civil and the field of Criminal Affairs. The application of sanctions in these three fields is still very minimal contribution in efforts to protect and manage the environment in Indonesia. Many factors are obstacles to the application of legal sanctions in the environmental sector, including: Legislation in the field of environment still has many shortcomings. Among other things, the incompleteness of formal legal and material law issues contained in the PPLH Law. These deficiencies are often used to avoid sanctions by environmental crimes, law enforcement factors that have shortcomings in terms of quality and quantity. This is illustrated in many cases, especially in major cases such as the Lapindo Mud Case, factors of very inadequate supporting facilities, Factors it seems that the level of awareness, compliance and behavior of citizens towards laws and regulations is still very low

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