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All Journal International Journal of Law and Public Policy (IJLAPP) Indonesian Journal of Multidisciplinary Science Jurnal AKAL: Abdimas dan Kearifan Lokal Hukum Pidana dan Pembangunan Hukum Reformasi Hukum Trisakti Jurnal Penelitian Pendidikan Indonesia Amicus Curiae Jurnal Legislasi Indonesia Tribuere
Kerti, Renti Maharaini
Fakultas Hukum Universitas Trisakti
Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Transportation Other

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- PERLINDUNGAN KONSUMEN ATAS PENIMBUNAN OBAT PADA MASA PANDEMI: - Yustio Rony Saputro; N.G.N Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18691

Abstract

Shortage of goods during the pandemic such as basic necessities, masks, hand sanitizers, vitamins, and medicines has resulted in significant price increases. This has become an opportunity for unscrupulous business actors to seek profit, as done by PT. ASA who hoarded medicines. The main problem in this research is role of the government in relation to the hoarding of Azithromycin by PT. Atlas Sukses Abadi and the accountability of PT. Atlas Sukses Abadi Indonesia as a business actor for the act of hoarding Azithromycin. This research was conducted using normative juridical approach, descriptive-analytical in nature, using qualitative analysis of secondary data, and drawing conclusions through deductive method. It can be concluded that the Government, in dealing with the hoarding of Azithromycin, has carried out its duties in accordance with the regulations. PT. Atlas Sukses Abadi is responsible for the act of hoarding the medicine, as business actors have criminal liability according to the Consumer Protection Law, namely Article 62 in conjunction with Article 61 and Article 10 of Law No. 8 of 1999 on Consumer Protection, Article 14 in conjunction with Article 5 section (1) of Law No. 4 of 1984 on Infectious Disease Outbreaks, and Article 107 in conjunction with Article 29 section (1) of Law No. 7 of 2014.
Consumer protection institutions strengthening in the digitalization era Kerti, N.G.N. Renti Maharaini
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

Abstract

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 Kerti, N.G.N. Renti Maharaini
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

Abstract

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.
Personal data security as a form of legal certainty for the fulfillment of consumer rights for online loans Kerti, N.G.N. Renti Maharaini
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 3 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020244825

Abstract

Online lending services in Indonesia have grown rapidly in recent years, but this has also brought great challenges regarding the protection of consumers' personal data. Personal data security has become a very important issue, given the many cases of data breaches that can harm consumers. This study aims to analyse the role of personal data security in the fulfilment of consumer rights in online lending services, as well as to evaluate the existing legal certainty related to consumer personal data protection. The method used in this research is empirical juridical, with an analytical approach to relevant legal regulations and case studies regarding data breaches in online lending services. The results show that although there are regulations governing personal data protection, implementation is still weak and faces challenges such as a lack of consumer digital literacy and supervision of illegal service providers. The conclusion of this study is that legal certainty is needed to protect consumer rights, and that stricter regulations and better supervision of online loan service providers are essential. The implications of this research are the need for strengthened regulation, increased supervision by the Financial Services Authority (OJK) and other relevant institutions, and education to consumers on their rights regarding personal data.
PERBANDINGAN HUKUM PENGATURAN MEREK NON-TRADISIONAL ANTARA INDONESIA DENGAN SINGAPURA Gultom, Eva Veronica; Kerti, N.G.N Renti Maharaini
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20101

Abstract

In the era of world trade, product needs are increasing day by day, the higher the trade competition, each company will improve the quality of the products they have. One of the developments in the field of trademarks is the emergence of protection against non-traditional forms of trademarks. The subject matter to be raised in this study regarding the similarities and differences in the regulation of non-traditional trademarks between Indonesia and Singapore. The writing of this thesis uses normative research type with comparative law research method. The data used are secondary data and primary data and drawing conclusions using the deductive method. This research is analyzed qualitatively. From the results of the research conducted, it can be concluded that the difference in non-traditional trademark arrangements between Indonesia and Singapore is that in Indonesia there are three forms of non-traditional trademarks, namely: three-dimensional brands, sound and holograms, while in Singapore there are seven forms of non-traditional brands, namely: three-dimensional marks, packaging aspects, sound, color, holograms, aroma, and motion. The similarity of non-traditional trademark arrangements with Indonesia is found in the trademark protection period which equally protects the trademark for up to 10 years from the date of receipt of the application.
UNSUR KEBARUAN ATAS KARYA DESAIN INDUSTRI KEMASAN MAKANAN (STUDI PUTUSAN PENGADILAN NIAGA NOMOR 16/PDT.SUS.DESAIN INDUSTRI/2020/PN.NIAGA.JKT.PST JO PUTUSAN KASASI NOMOR 162 K/PDT.SUS-HKI/2021) Rahmawati, Rista Anggun; Kerti, N.G.N Renti Maharaini
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20106

Abstract

Industrial designs in registration must meet the requirements for elements of novelty, which are not similar or the same as previous designs. Industrial Design Regulations already exist, but there are many disputes resulting in problems being committed by Industrial Design Rights Holders and Industrial Design Rights Violators. Referring to the case where the food packaging design owned by Ruben Samuel Onsu does not have an element of novelty. Inside the packaging there is a resemblance to the food box packaging owned by PT. Ayam Geprek Benny Sujono. In this case, there is a problem where the criteria for novelty and the legal considerations of the commercial and cassation court regarding the cancellation of the registration of the food box packaging industrial design. The research method in this case is the type of research used juridical-normative. The nature of the research is descriptive. The data used is secondary as well as data collection by way of literature study. Data analysis uses qualitative and drawing conclusions on this problem using deductive logic. In cases where violations are found, there is no element of novelty as referred to in the statutory rules and there is no bad faith at the time of registration, so that becomes an important factor for the party objecting. Parties who have objections can submit an annulment of registration in the commercial court carried out by parties who have an interest.
PENYELAMATAN PERUSAHAAN MELALUI RESTRUKTURISASI UTANG (STUDI DI PT GARUDA INDONESIA (PERSERO) TBK) Kurniawati, Tintin; Kerti, N.G.N. Renti Maharaini
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20110

Abstract

PT. Garuda Indonesia (Persero) Tbk is the national flag carrier airline and the only state-owned aviation industry in Indonesia. The Covid-19 pandemic caused PT Garuda Indonesia (Persero) Tbk to be in a technically bankrupt condition and threatened with bankruptcy after the postponement of debt payment obligations on December 9 2021. The main issue that will be raised in this research is whether debt restructuring is the right step in this effort. saving the company and what efforts can be made by the government as the company's shareholder in order to save PT. Garuda Indonesia (Persero) Tbk. This thesis was written using descriptive normative legal research methods, using primary and secondary data, analyzed qualitatively and drawing conclusions based on deductive logic. Based on the results of the research conducted, it can be concluded that based on article 1 point 11 of the Law on State-Owned Enterprises, restructuring is an effort carried out in the context of restructuring State-Owned Enterprises, one form of restructuring is debt restructuring, considering the large number of creditors and complex debt restructuring through Postponement of Debt Payment Obligations is the right step. The results of the debt restructuring helped improve the company's financial condition, with a recovery rate of 19%. However, to improve the condition of the company, other efforts are still needed, namely by restructuring management through rightsizing the number of employees, renegotiating aircraft rental leases, evaluating loss-making flight routes and maximizing the cargo and logistics business. Apart from that, efforts that can be made by the government as a shareholder based on Article 5 of Government Regulation Number 44 of 2005 can be carried out through additional State Capital Participation.
TANGGUNG JAWAB PT. UNIVERSAL PHARMACEUTICAL INDUSTRIES ATAS OBAT UNIBEBI COUGH SYRUP BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 PERLINDUNGAN KONSUMEN Tio Rae, Fabio; Kerti, N.G.N. Renti Maharaini
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/y5zyf994

Abstract

The incident of hundreds of children in Indonesia experiencing Acute Kidney Failure at the end of 2022 was caused by the distribution of syrup drugs containing Ethylene Glycol (EG) and Diethylene Glycol (DEG) contamination, one of which was the drug Unibebi Cough Syrup produced by PT. Universal Pharmaceutical Industries. In particular, business actors are prohibited from trading defective and contaminated pharmaceutical preparations. This is because business actors are obliged to guarantee that the goods produced/traded meet the applicable standard criteria. So that. Consumers' rights to security, comfort and safety in consuming goods traded by business actors can be fulfilled. Therefore, it is necessary to know how to regulate good standards for pharmaceutical preparations based on a consumer protection perspective and how to restore the rights of consumers who have been harmed. This type of normative research uses laws and related legal theories. From a consumer protection perspective, business actors in producing pharmaceutical preparations are regulated to be guided by the Indonesian Pharmacopoeia and Good Medicine Manufacturing Practices (CPOB) as standards for good pharmaceutical preparations. Consumers who have been harmed can take legal action through class action lawsuits as a form of effort to restore their rights that have been violated by business actors
Co-Authors Abrianti, Sharda Andini Savira Melati Anna Maria Tri Anggraini Apriyanto, Zaeriko Rizky Aqilah Nurshafira Anwar Dzakiannisa Roskiyasa Faqih Adhyaksa Kusuma Gultom, Eva Veronica Haya Alyssa Desti Ramadhani Juni Desiani Juni Desiani Kurniawati, Tintin Rahmawati, Rista Anggun Rebecca Octania Br. Sitompul Rosdiana Saleh, Rosdiana Rosy Aisyah Sabirin, Ahmad Samuel Christian Sugiastuti, Yunita Supartono, Sugeng Suryanto Gunawan Tio Rae, Fabio Werner Wada Betu Yustio Rony Saputro