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UPAYA PENYELESAIAN HUKUM PRODUK MAKANAN OLAHAN HOME INDUSTRI CACAT PRODUKSI Rusmiyah Rusmiyah
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (427.852 KB) | DOI: 10.58350/leg.v14i1.169

Abstract

Food is everything that comes from biological sources and water both processed and unprocessed, which is intended as food or drink for human consumption, including food additives, food raw materials, and other materials used in the process of preparing, processing, and or making food or beverages. Meanwhile, what is meant by food is food or drinks processed in a certain way or method with or without food additives. This research uses the normative method with a descriptive normative juridical approach with a statutory approach as the main source of legal material and literature, theory and various sources from online media as secondary legal material, which is associated with problems solving legal problems related to food. The consumer protection law in principle prioritizes the protection of the basic rights of consumers by increasing the awareness, ability, and independence of consumers to protect themselves; elevate the dignity and dignity of consumers by avoiding them from negative excesses due to the use of goods and / or services; improve the consumer protection system in choosing, determining and demanding rights as consumers; creating a consumer protection system that contains elements of legal certainty and information disclosure as well as access to information. Consumers of processed food industry products that are defective in production as aggrieved parties can file a claim for compensation through BPSK or through the courts. The settlement efforts through BPSK aim to: Reach an agreement on the form and amount of compensation, and/or, certain actions to guarantee that there will be no re-occurrence of losses suffered by consumers. If the dispute resolution efforts through BPSK are declared unsuccessful by one of the parties, a lawsuit can be filed through the court
UPAYA HUKUM PERLINDUNGAN KONSUMEN TERHADAP PENGGUNA JASA ANGKUTAN KERETA API DI INDONESIA Rusmiyah Rusmiyah
JURNAL LEGISIA Vol 14 No 2 (2022): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (419.627 KB) | DOI: 10.58350/leg.v14i2.193

Abstract

The focus of the problem in this writing is whether the provisions in Law Number 23 of 2007 concerning Railways (Railway Law) are effectively used as a basis for transportation responsibility and how is the transportation responsibility carried out by PT KAI (Persero) to consumers. The purpose of this study is to analyze the provisions in the Railway Law whether they are effectively used as a basis for transportation responsibility and to determine the responsibility of transportation carried out by PT KAI (Persero) to consumers. This research method is a type of normative-empirical legal research using two approaches, namely the statute approach and the case approach, as well as through primary data and secondary data, while data analysis is carried out qualitatively-prescriptively. The results of this study show that the provisions in the Railway Law are not effective enough to be used as a basis as a regulation for transportation responsibilities, because related to the provisions for compensation to consumers, the arrangements are not clear enough. Meanwhile, the responsibility for transportation carried out by PT KAI (Persero) to consumers is based on the Railway Law by adhering to the principle of presumption of guilt (presumption of liability). In addition, in practice PT KAI (Persero) transferred its responsibility to PT Asuransi Jasa Raharja. In fact, between the two there are differences. PT KAI (Persero) is responsible based on the Railway Law while PT Asuransi Jasa Raharja is responsible based on Law Number 33 of 1964 concerning the Mandatory Insurance Fund for Passenger Accidents and Law Number 34 of 1964 concerning the Compulsory Coverage Fund for Road Traffic Accidents. That is clearly unprofitable for consumers. Therefore, if the basic loss element of the claim is not met by the Railway Law, then the consumer can file a lawsuit on the basis of unlawful acts, based on Article 1365 jo Article 1367 of the Civil Code