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.

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.

Core-Plasma Pattern Partnership Agreement with Micro-Small Business based on the Perspective of Competition Law Tri Anggraini, Anna Maria; Kerti, Renti Maharaini; Sabirin, Ahmad
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.476

Partnership agreements that aim to mutually benefit both parties, especially empowering micro and small businesses, often have unfavorable consequences for parties whose bargaining position is weak, so that the business competition authority is also given supervisory authority over the implementation of the agreement. The imbalance in bargaining position in this agreement is the reason for writing to raise the issue of understanding owning and/or controlling micro and small businesses according to the applicable regulations and how it is implemented in the nucleus plasma partnership scheme for the oil palm plantation sector. This normative research includes prescriptive research using secondary data which is analyzed qualitatively and concluded using deductive methods. The results of this study indicate that the notion of having is defined as ownership of equity or capital, while the term control focuses more on managerial control which ultimately has an impact on asset control. The partnership agreement contains several clauses that have the potential to own and/or control micro-small businesses according to Law 20/2008 jo. Law 11/2020, besides that, it also has the potential to violate the provisions or principles of unfair business competition. However, this potential violation is difficult for competition authorities to reach due to the absence of technical regulations that explain the meaning of owning and/or controlling micro and small businesses. Therefore, KPPU needs to prepare further regulations in the form of guidelines that explain the limitations.

MENINGKATKAN PEMAHAMAN TENTANG ASPEK HUKUM PERKAWINAN CAMPURAN BEDA KEWARGANEGARAAN: BERDASARKAN HUKUM INDONESIA DAN JEPANG Abrianti, Sharda; Sugiastuti, Yunita; Saleh, Rosdiana; Supartono, Sugeng; Kerti, Renti Maharaini
Jurnal AKAL: Abdimas dan Kearifan Lokal Vol. 5 No. 2 (2024): Jurnal AKAL : Abdimas dan Kearifan Lokal
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/akal.v5i2.19824

Mixed marriages between spouses of different nationalities present a number of legal issues. As mixed marriages involve two different legal systems, it is important to understand which system applies. This understanding is important for the diaspora of Indonesians in Japan, given that the number of Indonesian citizens in Japan continues to increase, according to data from the Japanese Ministry of Home Affairs and Communications. This situation increases the potential for mixed marriages between Indonesian and Japanese citizens. This community service activity aims to provide legal insight on how to determine the applicable law and the conditions for mixed marriages. The method employed in this legal counselling is descriptive. Answers to questions asked are based on legislation and principles of private international law. Legal counselling on the legal aspects of mixed marriages for the Indonesian diaspora community in Japan can be said to be effective and appropriate. The participants indicated that there had been no previous legal counselling on the subject of mixed marriages, particularly in the context of comparing Indonesian and Japanese laws. They expressed hope that further legal counselling activities could be conducted via Zoom facilities on other legal issues.

GAME HAGO BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN: Juridical Analysis of Hago Game Advertisements Based on Consumer Protection Law Number 8 of 1999 Faqih Adhyaksa Kusuma; Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.20806

Principally, advertisements must comply with laws and regulations in the field of advertising and consumer protection, but there are still many advertisements that violate, for example, Hago advertisements that have violated regulations in the field of advertising because they harass the dignity of teachers and display teachers who are discriminatory against students who use Hago Game, so this study will analyze violations of Hago Game advertisements based on consumer protection. The problem raised is regarding whether Hago advertisements have met the criteria for good advertising in the perspective of consumer protection and analyzing who can be held liable if Hago advertisements are re not good advertisements. This research uses normative type research methods. The result is, Hago's advertisement does not meet the criteria for good advertising because it violates Article 17 section (1) letter f UUPK because it violates the regulations in the advertising sector, namely Article 58 section (4) letter h SPS and Article 16 section (2) letters a and b SPS. The conclusion is ones responsible should be the companies that make advertisements and broadcasting institutions based on professional responsibility

Title

Found 28 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 28 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 28 Documents
Search