R.M. Gatot P. Soemartono
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TANGGUNG JAWAB BANK DALAM DUGAAN HILANGNYA TABUNGAN NASABAH ( DI BANK MANDIRI TAHUN 2021) Erlando Agi Patra; R.M. Gatot P. Soemartono
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Banks play a significant role in the economic growth of a country, and in its activities, banks are in direneed of deposit funds from their customers. In this regard, banks are required to guarantee the security ofcustomer funds deposited with banks. As an ef ort to protect consumers/customers, Law no. 8 of 1999concerning Consumer Protection and Law no. 10 of 1998 concerning Banking. However, in reality thereare still many modes of crime in the financial services sector. Many phenomena occur between banks andcustomers, one of which is debit card theft and PIN ownership. This causes the customer's balance to belost in the amount of IDR 128 million rupiah. The problem that will be discussed is how the bank isresponsible for the loss of customers and how the legal settlement will be. This research is to understandthe form of bank responsibility and find out what customers should do if they feel aggrieved, as well aswhat legal steps the customer can take. This study uses normative legal research methods using books andwebsites, as well as interviews as supporting data. The results show that the customer must report theproblem to the bank concerned clarify the truth. When the bank cannot help with the complaint, thecustomer can make a report to the Financial Services Authority (OJK). OJK will facilitate customercomplaints, which if there is an error on the part of the bank, the bank must be responsible, but if the bankcan prove his innocence, then the loss is borne by the customer himself due to negligence/error. If afterfurther examination there is a criminal element, the perpetrator may be subject to criminal sanctions.
Perlindungan Konsumen Terhadap Transaksi Jual-Beli Voucher Game Online Menurut Undang-Undang nomor 8 Tahun 1999 Tentang Perlindungan Konsumen dan Undang-Undang Nomor 11 Tahun 2008 Tentang Transaksi Elektronik Jason Samuel; R.M. Gatot P. Soemartono
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Pandemic Covid-19 has made online game enthusiasts increase rapidly, so there is a great opportunity for businesses to buy and sell online game vouchers in Indonesia. Coupled with the government organizing official matches such as the E-Sports President's Cup which makes online game enthusiasts increase. The rapid development of technology has also made some parties take advantage of these technological advances for personal gain. In the process of buying and selling online game vouchers, there are several cases that are the subject of this scientific writing research. For this reason, it is necessary to study the violation of buying and selling online game vouchers that occurs from the perspective of the ITE Law and UUPK, as well as legal actions to regain the rights owned by consumers. The conclusion obtained is that consumers can make criminal complaints to the local resort police or consumers can make a report to BPSK or LPKSM. If you make a criminal complaint to the local resort police, it can be continued as a criminal offense, and if it is through BPSK or LPKSM, it can be resolved through arbitration or mediation.
Legal Analysis of Consumer Protection: Certainty Regarding Objections to Consumer Dispute Settlement Agency Arbitration Award David Prawira; R.M. Gatot P. Soemartono
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1170

Abstract

Consumer protection laws serve as a vital safeguard for citizens engaged in transactions involving products and services. The Consumer Dispute Settlement Agency plays an essential role in addressing consumer issues through arbitration, conciliation, or mediation. Among these methods, arbitration is particularly effective due to its final and binding nature. However, a significant limitation arises while Consumer Dispute Settlement Agency's arbitration decisions are deemed final and binding within the agency, they are subject to appeal in district courts, leading to complications in enforcement and legal uncertainty. This research aims to explore the implementation of consumer protection laws and the legal certainty surrounding the resolution of consumer disputes through Consumer Dispute Settlement Agency. Employing a normative research methodology, this study examines the challenges posed by appeals against Consumer Dispute Settlement Agency's arbitration decisions, particularly when the legal framework supporting these decisions becomes outdated or inadequate. To enhance legal certainty in consumer dispute resolution, a revision of the consumer protection law is necessary. Such revisions could streamline the arbitration process and reinforce the binding nature of Consumer Dispute Settlement Agency's decisions, ultimately strengthening consumer rights and ensuring more effective dispute resolution