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Irham Rosyidi
Khairun University Ternate

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (878.12 KB) | DOI: 10.35335/legal.v11i2.316

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (704.346 KB)

Abstract

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.