Article Per Year (5 Year)
p-Index From 2020 - 2025
0.61
P-Index
This Author published in this journals
All Journal Jurnal Notariil JUSTISI Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan
Susilowati Suparto
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
LAW ASPECT OF “LET THE PRODUCER AWARE” PRINCIPLES RELATED TO CONSUMER PROTECTION LAW IN INDONESIA Deviana Yuanitasari; Sonny Dewi; Susilowati Suparto; Hazar Kusmayanti
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1196.80-84

Abstract

Changes in the legal construction begin with a paradigmatic shift in the relationship between the consumer and businesses, as reflected in the preference of let the producer aware principle in favor of letting the buyer aware principle. This study aims to find out the implication of the let the producer aware principle for goods and services, and its development in consumer protection law in Indonesia and to find out the legal system of Indonesia adopts the let the producer aware principle in order to protect Indonesian consumers. The research method applied in this study is normative juridical approach. The data obtained from the study of literature which is used as secondary data. Furthermore, interviews were conducted to obtain primary data, and then the data were analyzed by juridical qualitative method. As a result of analysis, it shows that firstly: the implementation of let the producer aware principle in Indonesia has not been properly conducted because of the common perception that consumers’ opinion is less valuable than producers’. Secondly, the adoption of the let the producer aware principle for consumer protection by Indonesian Legal policy is shown by Law Number 8 Year 1999 about Consumer Protection (Indonesian Consumer Protection Act), which is based on the principle of fault liability, utilizing reversed burden of proof. This way, both parties are protected, because it proportionally distributes the liability to each party. In conclusion, both producers and consumers are equally protected on condition that they can provide evidence of the losses obtained.
Pemisahan Harta Bersama Melalui Perjanjian Perkawinan yang Dibuat oleh Pasangan Perkawinan Campuran Setelah Perkawinan Dilangsungkan Dikaitkan dengan Undang-Undang Perkawinan dan Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015 Farras Nafisa; Susilowati Suparto
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 1 (2024): Maret : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i1.882

Abstract

The purpose of this research is to determine the position of existing common property before the creation of a marriage agreement by mixed-marriage couples after the marriage has taken place. Additionally, it aims to understand the legal consequences of marriage agreements made by mixed-marriage couples after the marriage, particularly regarding the ownership of common property, in accordance with Law Number 1 of 1974 concerning Marriage post-Constitutional Court Decision Number 69/PUU-XIII/2015. This research employs a normative juridical method with a descriptive-analytical research specification, connecting issues comprehensively based on relevant legal regulations. Data collection techniques include literature review and field study conducted through interviews at the Notary and PPAT Office. The research results indicate that the position of common property that existed before the creation of the marriage agreement by mixed-marriage couples after the marriage remains as joint property. However, the separation of common property can be applied after the marriage agreement is made. The legal consequences regarding common property depend on the type of asset. If the common property includes immovable assets such as land in Indonesia, it becomes the property of the Indonesian citizen. As for movable common property, it is adjusted based on the agreement between the parties. The legal consequences of marriage agreements made after marriage concerning common property that is already involved with third parties will be binding on the third party. It is advisable to keep it as common property to avoid harming third parties.
Analisis Sengketa Wanprestasi dan Ganti Rugi dalam Kontrak Pengadaan Jasa Ditinjau dari Kitab Undang-Undang Hukum Perdata Ladyva Rizqina Dinissa; Susilowati Suparto; Etty Haryati Djukardi
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 4 (2024): Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v1i4.310

Abstract

Contract law plays a key role in trade and business. Failure to fulfill obligations in an agreement, known as default, can include non-fulfillment, delays, or performing actions not aligned with the agreement. The aggrieved party is entitled to seek compensation for the default. In a service agreement case resolved through arbitration, the Respondent was found to have defaulted. Despite both parties agreeing to all terms and performing the contract without objection, the Respondent was ordered to pay compensation under Article 1248 of the Civil Code, which includes the concept of "fraud." The author aims to analyze how default in service procurement is resolved through arbitration and whether the arbitral panel’s decision to impose compensation is justified according to the Civil Code and the contract. The research employs a normative legal approach, focusing on literature and statutory regulations. The findings show that both parties committed default, yet the arbitral panel only adjudicated the Respondent, as the Claimant was not counter-sued. Moreover, the Respondent's actions cannot be classified as fraud. The compensation imposed by the arbitral panel based on Article 1248 of the Civil Code should be seen as abuse of circumstances, not fraud..
Legal Review of Consumer Rights in Product Sales Through the Bundling System Rohaedi, Rosalia Alima Utami; Susilowati Suparto; Elisatris Gultom
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.3952

Abstract

The study aims to determine consumer rights in product sales through an adverse bundling system and dispute resolution efforts to maintain rights. The focus of the problem is the fulfillment of consumer rights and their resolution, both in court and out of court. The method of research used by the author is normative juridical, which examines theories, concepts, legal principles, and laws and regulations related to the research topic. Novelty of this research is the gap in the implementation of product sales strategies carried out by business actors with the GCPL Law in implementing a bundling system that forces consumers to buy products in packages. This emphasizes empowering weak consumers in the face of adverse conditions. Often the product sales strategies found can benefit consumers in shopping, thus making this research different from previous studies. The results showed that according to the GCPL, business actors should not force consumers to buy products with a bundling system, because it can reduce consumer comfort when shopping. In implementing the bundling system, it is natural to pay attention to the GCPL so as not to cause harm to consumers. Consumers also have the right to security, honest information about product conditions, and the right to choose goods according to the exchange rate stated in the GCPL Law. Conclusion, consumer protection can be carried out through LPKSM supervision seen from the obedience of business actors as prevention. Legal efforts that can be taken by consumers include peaceful settlement, BPSK, or court through a tort lawsuit.
Co-Authors Deviana Yuanitasari Elisatris Gultom Etty Haryati Djukardi Farras Nafisa Hazar Kusmayanti Ladyva Rizqina Dinissa Rohaedi, Rosalia Alima Utami Sonny Dewi