Garuda - Garba Rujukan Digital

MENGUNTUNGKAN ATAU MERUGIKAN : PEMASARAN SECARA PRE-PROJECT SELLING SEKTOR HUNIAN VERTIKAL DALAM PERSPEKTIF PERLINDUNGAN KONSUMEN N.G.N. Renti Maharaini Kerti
Hukum Pidana dan Pembangunan Hukum Vol. 4 No. 1 (2021): Hukum Pidana dan Pembangunan Hukum
Publisher : Fakultas Hukum Universitas Trisakti

Hunian vertikal menjadi salah satu pilihan menarik bagi masyarakat perkotaan karena keterbatasan dan mahalnya lahan untuk pembangunan rumah tempat tinggal. Negara menjamin hak bagi setiap warganegara untuk mendapatkan kehidupan yang layak dan tempat tinggal dengan lingkungan hidup yang sehat. Umumnya penawaran apartemen dilakukan sebelum adanya pembangunan yang dikenal dengan istilah pre-project selling. Apakah pemasaran apartemen secara pre project selling memberikan perlindungan bagi konsumen dan bagaimana tanggung jawab pengembang merupakan isu bahasan dalam tulisan ini. Regulasi perlindungan konsumen dan rumah susun tidak melarang pemasaranan secara pre-project selling sepanjang persyaratan yang ditetapkan oleh undang-undang dilaksanakan oleh pengembang. Sebaliknya, pre-project selling bisa merugikan hak konsumen jika pengembang tidak melaksanakan persyaratan tersebut. Pengembang dapat dimintakan pertanggungjawaban jika merugikan hak konsumen. Ketegasan pemerintah dalam penegakan undang-undang rumah susun dan perlindungan konsumen dan dukungan sinergi harmonis antar Kementerian Lembaga terkait serta masyarakat melalui LPKSM dapat mewujudkan kepastian hukum terhadap perlindungan hak-hak konsumen sektor hunian vertikal.

PERLINDUNGAN HUKUM BAGI KONSUMEN TERKAIT PEMBATALAN SEPIHAK PENERBITAN TIKET PESAWAT OLEH PT. TRINUSA TRAVELINDO INDONESIA MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Dzakiannisa Roskiyasa; N.G.N Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol. 1 No. 1 (2019): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Legal protection for consumers is important, because without a balance of legal protection between consumers and business actors causes consumers to be in a weak position. With the development of e-commerce, online travel agents began to emerge, one of which was Traveloka. Based on this, the authors propose the problem of how the legal protection provided by the UUPK to consumers and how form Traveloka's responsibility as a business actor in the case of unilateral cancellation of aircraft ticket issuance sold on its website. This study uses a research method with a type of normative legal research with the nature of descriptive research and analyzed qualitatively, as well as conclusions based on deductive mindset. Based on the results of the analysis, the authors do that, legal protection of consumers has been regulated both preventively and repressively by Law Number 8 of 1999 concerning Consumer Protection. The form of business actor's responsibility in the form of a Contractual Liability based on a contract that has occurred between Traveloka and consumers, therefore Traveloka is obliged to provide compensation in the form of refunds or replacement of goods and / or services of similar or equivalent value to a Jakarta-Singapore Jetstar Air flight ticket based on the determination of the court Number 615 / Pdt.G / 2017 / PN.Jkt.Brt.Key Words : Consumer Protection, Business Actor’s Liability

PERLINDUNGAN HAK KEAMANAN DATA PRIBADI KONSUMEN PINJAMAN ONLINE DANA CAIR Aqilah Nurshafira Anwar; N.G.N. Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Regulations for online loans have been put in place to keep things in order and safeguard consumers from unforeseen events, yet in reality personal data exploitation still happens among instant cash customers. How are the Financial Services Authority's efforts as a supervisor in dealing with misuse of consumer personal data as a method of billing in instant cash online loan services? The problem is whether consumer protection regulations related to online loan services have provided protection for personal data security rights in the method of billing consumers on instant cash online loans. This study's methodology is normative, descriptive in nature, with primary and secondary sources of information used to support a qualitative analysis and forming judgments through deductive reasoning. Research findings, analysis, and conclusions The restrictions in place in Indonesia have been able to protect instant cash online loan borrowers, but in practice corporate actors continue to break the law and the general public is not well-informed about using online lending services. Through the publication of lists of illegal online loans and submission of application blocks to the Ministry of Communication and Information, OJK and SWI have worked together to combat illegal online loans that could harm the public.

ANALISIS YURIDIS PERJANJIAN TERTUTUP BERDASARKAN UNDANG-UNDANG PERSAINGAN USAHA Werner Wada Betu; N.G.N Renti Maharaini
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

AHASS workshop owners are required by the terms of the agreement between PT AHM and the Main dealer and Dealer to accept and purchase other products and services from PT AHM. The issue is whether PT AHM's efforts to enter into closed agreements with Main Dealers and Dealers in Indonesia constitute violations of Article 15 paragraphs 2 and 3 of the Business Competition Law and whether the Rulle of Reason approach, which was employed in KPPU's decision No. 31/KPPU-I/2019, was appropriate in determining such violations. The research is descriptive-analytical in character, employs normative research methodology, uses primary and secondary data kinds, descriptive-qualitative data analysis and deductive reasoning to reach results. Results of the study of the Business Competition Law, Article 15 guidelines, and other related regulations led to the following discussions, findings, and conclusions: PT AHM may enter into an agreement with the Main Dealer, but the agreement may not contain a tying clause or a vertical agreement on discount. Additionally, because the agreement has a negative effect, it is required to use the per seillegal method while proving a closed agreement.

PERLINDUNGAN KONSUMEN ATAS INFORMASI YANG TIDAK JELAS MENURUT UNDANG-UNDANG PERLINDUNGAN KONSUMEN Juni Desiani; N.G.N Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15251

Starting with the owner of the food stall R.M., those who conduct their business activities with bad intentions can be identified by the lack of information in the form of transparent prices on the food menu. As a result, it has been discovered that business actors charge very high prices to customers who enter food stalls. How the Bogor City Regency regional regulations connect to the requirement for business actors to include pricing on the food menu list and what are the sanctions for food stall business actors R.M. are the formulations of the problem that the author explores. The research is descriptive and normative, use primary and secondary data, qualitative analysis, and deductive logic. The results of the research are the Consumer Protection Law protecting the rights of consumers for clear information.

Consumer protection institutions strengthening in the digitalization era N.G.N. Renti Maharaini Kerti
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 1 (2023): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i1.675

Consumer protection laws have been in effect in Indonesia for 23 years, but consumer complaints seem to never end and even tend to increase. According to National Consumer Protection Agency (BPKN) complaint data, the three sectors with the most consumer complaints in the last five years have been financial services, e-commerce, and housing, as well as health services, transportation, telecommunications, food and beverage, cosmetics, and household gas electricity. Business transactions and dispute resolution are affected by information and technology improvements. Since the disruptive transaction system has transitioned from manual transaction patterns in traditional markets to digital transactions in online marketplaces, institutional strengthening of consumer protection is urgently needed. Strengthening consumer protection institutions is a genuine problem in the context of future consumer protection laws. Economic policy is measured not only by increasing output but also by increasing public consumption as a result of consumer confidence in the goods and/or services available on the market, which ultimately drives the rate of productivity growth to realize the welfare of Indonesian consumers. The importance of strengthening consumer protection institutions as a form of development and certainty of legal protection for consumers to realize consumer empowerment both individually and communally, as well as business actor compliance as an internal form of good corporate governance in consumer-centric change management governance.

The existence and challenges of consumer dispute settlement agency in Indonesia in globalization era N.G.N. Renti Maharaini Kerti
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 3 (2023): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i3.739

Globalization has impacted Indonesia's economy, providing consumers with diverse goods and services. Advances in technology have facilitated global transactions, benefiting consumers. However, businesses have benefited from consumers through advertisements and promotions. The Indonesian Consumer Protection Law offers alternative dispute resolution options, including the Consumer Dispute Settlement Agency (BPSK). Despite the existence of alternative institutions, BPSK remains a necessary institution for quick and affordable dispute resolution. Strengthening the agency, achieving budget independence, improving human resources, establishing an online system, and establishing BPSK in each province and second-level region are crucial for its future success.

PERLINDUNGAN HAK KEAMANAN DATA PRIBADI KONSUMEN PINJAMAN ONLINE DANA CAIR Aqilah Nurshafira Anwar; N.G.N. Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15130

Regulations for online loans have been put in place to keep things in order and safeguard consumers from unforeseen events, yet in reality personal data exploitation still happens among instant cash customers. How are the Financial Services Authority's efforts as a supervisor in dealing with misuse of consumer personal data as a method of billing in instant cash online loan services? The problem is whether consumer protection regulations related to online loan services have provided protection for personal data security rights in the method of billing consumers on instant cash online loans. This study's methodology is normative, descriptive in nature, with primary and secondary sources of information used to support a qualitative analysis and forming judgments through deductive reasoning. Research findings, analysis, and conclusions The restrictions in place in Indonesia have been able to protect instant cash online loan borrowers, but in practice corporate actors continue to break the law and the general public is not well-informed about using online lending services. Through the publication of lists of illegal online loans and submission of application blocks to the Ministry of Communication and Information, OJK and SWI have worked together to combat illegal online loans that could harm the public.

ANALISIS YURIDIS PERJANJIAN TERTUTUP BERDASARKAN UNDANG-UNDANG PERSAINGAN USAHA Werner Wada Betu; N.G.N Renti Maharaini
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15139

AHASS workshop owners are required by the terms of the agreement between PT AHM and the Main dealer and Dealer to accept and purchase other products and services from PT AHM. The issue is whether PT AHM's efforts to enter into closed agreements with Main Dealers and Dealers in Indonesia constitute violations of Article 15 paragraphs 2 and 3 of the Business Competition Law and whether the Rulle of Reason approach, which was employed in KPPU's decision No. 31/KPPU-I/2019, was appropriate in determining such violations. The research is descriptive-analytical in character, employs normative research methodology, uses primary and secondary data kinds, descriptive-qualitative data analysis and deductive reasoning to reach results. Results of the study of the Business Competition Law, Article 15 guidelines, and other related regulations led to the following discussions, findings, and conclusions: PT AHM may enter into an agreement with the Main Dealer, but the agreement may not contain a tying clause or a vertical agreement on discount. Additionally, because the agreement has a negative effect, it is required to use the per seillegal method while proving a closed agreement.

PERLINDUNGAN KONSUMEN ATAS INFORMASI YANG TIDAK JELAS MENURUT UNDANG-UNDANG PERLINDUNGAN KONSUMEN Juni Desiani; N.G.N Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15251

Starting with the owner of the food stall R.M., those who conduct their business activities with bad intentions can be identified by the lack of information in the form of transparent prices on the food menu. As a result, it has been discovered that business actors charge very high prices to customers who enter food stalls. How the Bogor City Regency regional regulations connect to the requirement for business actors to include pricing on the food menu list and what are the sanctions for food stall business actors R.M. are the formulations of the problem that the author explores. The research is descriptive and normative, use primary and secondary data, qualitative analysis, and deductive logic. The results of the research are the Consumer Protection Law protecting the rights of consumers for clear information.

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