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LEGAL PROTECTION OF CONSUMERS IN E-COMMERCE TRANSACTIONS BASED ON LAW NUMBER 11 OF 2008 CONCERNING INFORMATION AND ELECTRONIC TRANSACTIONS AND LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION LEGAL Santy Santy
UJoST- Universal Journal of Science and Technology Vol. 2 No. 1 (2023): March 2023
Publisher : Faculty of Science and Technology University of Pramita Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11111/ujost.v2i1.112

Abstract

E-commerce is a form of trade that has its own characteristics, namely trade that crosses national borders, does not meet sellers and buyers, using internet media. The enactment of Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) seems to be a solution to provide protection for consumers. The ITE Law has regulated the legal requirements for an e-commerce transaction, regulates rights and obligations, prohibited actions, responsibilities, legal protection, legal remedies and dispute resolution in transactions. This research uses the method normative juridical approach with descriptive analytical research specifications. In addition to describing circumstances, objects or events, this research also discusses certain beliefs which are inferred based on the object of the matter associated with legal theories and positive legal practices. Primary and secondary legal data, which are collected and classified through library research techniques, are attempted to become a unified whole. Furthermore, the data is analyzed qualitatively so that clarity and answers are obtained about the issues that are the object of research. The results show that legal protection for online shopping consumers can be given in terms of legal certainty contained in the laws and regulations governing online shopping, namely Law no. 11 of 2008 concerning Information on Electronic Transactions juncto Law No. 8 of 1999 concerning Consumer Protection. In addition, the existence of electronic contracts as regulated in Article 18 (1) of the ITE Law is recognized and has the same position as conventional buying and selling contracts. E-commerce itself is a trading process that has its own characteristics where a trade can cross national borders, even without the seller and buyer meeting, by using the internet as a facilitator. On the one hand, this situation is quite profitable for the consumer, because there are many ways to choose from to obtain goods or services. However, from the other side, we see many violations of consumer rights that occur in e-commerce, which indeed has its own characteristics. Therefore a form of legal protection for consumers in e-commerce transactions is needed. Legal protection for business people, both sellers of services or goods as well as consumers, is regulated in Law Number 8 of 1999 concerning Consumer Protection and wrapping the process for what happens in cyberspace transactions, we call e-commerce, which also has rules, namely in Law Number 11 of 2008 concerning Information and Electronic Transactions. The methodology in this study uses normative, for normative itself this is discussed based on laws that apply directly to the general public. Based on these matters, it can be concluded that first, Law number 8 of 1999 and Law number 11 of 2008 can protect and provide rules of the game in the world of online business, which can regulate both consumers and business people.
The Role of the Job Creation Law (Omnibus Law) on the Welfare of Female Workers in the Industries Organization Santy Santy
International Journal of Social and Management Studies Vol. 4 No. 2 (2023): April 2023
Publisher : IJOSMAS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5555/ijosmas.v4i2.291

Abstract

The purpose of writing this article is to find out what are the impacts of the omnibuslaw on women workers. The method of writing this journal is to use a descriptive method with literature study techniques. Following the passing of the Job Creation Law, there are a number of things that are of course detrimental to various parties, for example workers and workers who are female. In the process of its implementation, the Job Creation Law makes women workers uneasy. Therefore, the government should review this law which is considered imperfect. So that no party will be harmed later. The conclusion drawn from the discussion above is that the recently passed Job Creation Law can bring advantages and disadvantages to workers and laborers, especially women workers. It can be seen, in the implementation process, women workers are always neglected, they are vulnerable to violence, sexual harassment, bullying, humiliation and belittlement. Not to mention, they are the back of their family. In terms of female reproduction such as during menstruation. The Job Creation Law does not strengthen the reproductive health rights of women workers which were not previously fulfilled in the old law. Even though it should be, in terms of law reform, the Job Creation Law should have strengthened small rights like this. However, in reality, there is also no law that can be a solution to this problem. For this reason, many trade union alliances and women's unions oppose the passing of the Job Creation Law.