Maulana Syarif Hidayatullah
Universitas 17 Agustus 1945 Surabaya

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PERLINDUNGAN HUKUM BAGI KONSUMEN PDAM SURYA SEMBADA KOTA SURABAYA ATAS PENETAPAN TARIF DALAM KONTRAK BAKU Raden Riyan Budi Setiawan; M.Revendra Diva Firdiansyah; Maulana Syarif Hidayatullah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.161

Abstract

Development in Indonesia is a complete human development, namely development in all fields, considering that economic development and development in general and especially development in the business sector is increasing, unhealthy business competition will inevitably arise both between one business actor and another business actor and between business actors and consumers. One of the business entities engaged in these services is the Regional Drinking Water Company (PDAM) which is a business entity engaged in clean water supply services. Where related to its grievances as a business entity oriented towards profit-oriented on the one hand, and protection of consumers on the other hand is a juridical issue that needs to be considered. The legal relationship that arises between PDAM business actors and consumers as users of water services is a legal relationship born from contractual, where the type of contractual is a standard contract or standard contract, by looking at the concept of a standard contract, it can be seen that the position of one of the parties, in this case, the consumer is in a very weak position because consumers are only given two choices, namely agreeing or disagreeing with the contract. Some PDAMs issued a unilateral tariff increase policy and imposed new tariffs that experienced a significant increase from the old tariff provisions. This tariff increase is considered a unilateral policy so the position of consumers as users of water services in standard contracts is greatly harmed by the unilateral tariff policy. The formulation of the problem in the paper is How is the legal protection of consumers for unilateral tariff determination by PDAM? Based on the results of the study, consumer legal protection for tariff determination carried out unilaterally in standard contracts by PDAMs is regulated in Law Number 8 of 1999 concerning Consumer Protection and Permendagri Number 23 of 2006 concerning Technical Guidelines and Procedures for Regulating PDAM Drinking Water Tariffs. Based on Law Number 8 of 1999, consumers can file a lawsuit civilly with the District Court (PN) or the Consumer Dispute Resolution Agency (BPSK) based on a legal relationship born of contractual origin. Meanwhile, based on Permendagri Number 23 of 2006, if the decision of the Regent and/or Mayor regarding the tariff increase is contrary to Permendagri Number 23 of 2006, it can be sued for cancellation of the decree in the State Administrative Court (PTUN).
PERTANGGUNGJAWABAN PIDANA ORANG TUA YANG MELAKUKAN EKSPLOITASI ANAK Maulana Syarif Hidayatullah; Widhi Cahyo Nugroho
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.307

Abstract

Children are the nation's next generation who should be protected by various parties starting from the smallest environment, namely the family, society, government and the state. The responsibility of parents who exploit children and how to handle those carried out by parents and children who become victims. Crimes committed against children as victims often occur but society does not respond to these crimes so that in the end these crimes are considered reasonable, especially if they are committed by parents of the child. The crime that is often committed by parents against their biological children is deliberately neglecting the method used in this research, which is a type of empirical legal research that aims to find out how far the law works in society. primary and secondary needs of the child. Basically neglect of children is included in social violence which causes psychological and physical injuries and of course it is very imprinted in the memory of children who are victims of this neglect. Neglect of these children is a prelude to exploitation with the modus operandi of making biological children as beggars and buskers in order to meet the needs of family life which should not be the responsibility of a child in the family. Actors who make children as beggars and buskers are the smallest unit in society, namely people Old. Criminal liability for people who intentionally exploit children economically with the modus operandi of making these children become beggars and buskers is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection