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Perlindungan Hukum bagi Konsumen Marketplace terhadap Tidak Tercantumnya Berat Bersih dalam Produk Makanan Kemasan Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Eugenia Giovani Anggasta Putri Banggung; Siti Ramlah Usman; Helsina Fransiska Pello
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i2.3010

Along with technological developments, buying and selling transactions are also influenced by technological developments. In the past, buying and selling transactions were carried out in markets, shops, stalls, but nowadays sellers and buyers carry out buying and selling transactions online (e-commerce), one of which is the marketplace. The increasingly consumerist life of society in the era of globalization has resulted in reduced public awareness of the packaged food products they consume. There are problems that often arise regarding the inclusion of net weight. For example, business actors do not include net weight information on packaged food products. This problem is certainly detrimental to the public because they do not know the actual net weight of the food product. The main problems in this research are (1) What is the legal protection for marketplace consumers against packaged food products that do not include net weight? (2) What factors cause packaged food product businesses in the marketplace to not include net weight? This research is empirical juridical research, meaning that analyzing problems is carried out by combining legal materials which are secondary data with primary data obtained in the field. The legal sources and materials used are primary and secondary legal materials. The results of this research indicate that legal protection for marketplace consumers for packaged food products that do not include net weight according to Law Number 8 of 1999 has not been implemented which has different (varied) answers from consumers because some consumers say that there are still business actors who have not know about the rules for including net weight and from the Kupang City Industry and Trade Service itself which has never handled cases regarding business actors selling packaged food products that do not include net weight, in other words there have been no complaints.

Penerapan Hukum Adat dalam Konflik Perkawinan Masyarakat Suku Timor (Dawan Amanuban) di Desa Pollo Kecamatan Amanuban Selatan Alvintho Tiumlafu; Agustinus Hedewata; Helsina Fransiska Pello
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i3.3358

This research aims to: (1) To find out the reason why parties choose customary law in resolving marital problems at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District, (2) To find out the application of customary law enforcement in resolving Tribal marriage issues at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District. This type of this research was Empirical Juridical research, primary data obtained by interviewing 11 respondents and supported by secondary data, qualitative descriptive data analysis. The result of this research is to show that: (1) The way of living of the communities at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District who experience domestic violence conflicts can be settled by custom for the reason that customary law is the result of ancestral heritage that must be maintained and preserved, maintaning unbreakable kinship between local communities, also customary law is considered as fast and affordable. (2) The application of customary law enforcement in resolving marital problem of tribal cummunities at Pollo Village, in Amanuban Setalan Sub-district, South Central Timor District is seen very effective in providing a deterrent effect to perpetrators of domestic violence because the customary sanction imposed are not only punitive but also provide learning for the perpetrators and the local community so that they are afraid and do not be able to commit to the similar action in the future. The practice of customary law enforcement against perpetrators of domestic violence is carried out to correct deviation from obligations and prohibitions in customary community relations, so that the aim is to have a direct impact and direct execution on the violating party. In order to increase the effectiveness of the imposition of customary sanction.

Tinjauan Yuridis Tentang Penolakan Uang Logam Sebagai Alat Pembayaran dalam Transaksi Jual Beli oleh Pelaku Usaha (Kios) Ditinjau dari Undang-Undang Nomor 7 Tahun 2011 Tentang Mata Uang di Pasar Oeba Kelurahan Fatubesi Kecamatan Kota Lama Kota Kupang Abdullah Putra Nogo Mbele; Siti Ramlah Usman; Helsina Fransiska Pello
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i3.3359

The purpose of this study is to determine the factors that cause business actors (kiosks) to reject coins as a means of payment in sale and purchase transactions at Oeba Traditional Market, Fatubesi Urban Village, Kota Lama Subdistrict, Kupang City and the legal consequences of such rejection in terms of Law Number 7 of 2011 concerning Currency. The benefits of this research are to provide information and knowledge that enriches the study of law and as a consideration or input for the government and information for the community. This research is a type of empirical legal research. The results of this study show: (1) The factors causing business actors (kiosks) in Oeba Traditional Market to reject coins with denominations of Rp200.00 and Rp100.00 as a means of payment in sale and purchase transactions are community perception factors, refund factors, and practicality factors. (2) The legal consequences of this rejection in terms of Law Number 7 of 2011 concerning Currency are that the sale and purchase agreement can be cancelled because there is no agreement between the parties and the business actor (kiosk) can be punished. The conclusions of this study are (1) The factors causing business actors (kiosks) in Oeba Traditional Market to reject coins with denominations of Rp200.00 and Rp100.00, namely the public perception factor, the refund factor, and the practicality factor. (2) The legal consequences of the rejection are that the sale and purchase agreement can be cancelled and the business actor (kiosk) can be punished. Suggestions from the author are, for the government, it is expected to be more aggressive in conducting socialisation about money and for business actors (kiosks) and the public are expected to treat money properly.

Pelaksanaan Hak Pekerja Outsourcing Ditinjau dari Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan pada Bank Rakyat Indonesia Cabang Kalabahi Faradila Umayyah; Siti Ramlah Usman; Helsina Fransiska Pello
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3540

Regional levies are a form of community participation in implementing regional autonomy. Regional levies are an important source of regional income to fund government administration and regional development. The problem faced by each region in general is that the collection of levies which is a component of Original Regional Income (PAD) has not been maximized. This researcher aims to understand the management of parking fees in increasing the regional income of the city of Kupang and the efforts made by the regional government of the city of Kuapang in optimizing the receipt of parking fees. This type of research is empirical research, using a qualitative approach method, where the researcher describes data from the results of observations and research that has been carried out in Kupang City. The data collection techniques used are interviews and observations, then descriptive analysis is carried out. Parking lot management to increase local revenue is carried out through planning, organizing, activating/implementing and supervising or controlling activities. Efforts to increase local revenue through parking fees by establishing regulations and policies relating to parking fees, enforcing regulations, increasing supervision, educating the public, and evaluating the management of parking fees. Suggestions for the government to pay more attention to regional levies, especially Kupang City regional parking levies, in making regulations, enforcing regulations and increasing awareness of parking fees and providing education to the community as well as periodic evaluations for parking managers and officers so that they are obedient in carrying out their duties in accordance with applicable regulations. with a full sense of responsibility, and for the community to comply with regulations regarding regional levies, especially Kupang City regional parking levies to increase local revenue.

Penerapan Asas Keadilan dalam Perjanjian Bagi Hasil Laut (Ikan) Antara Pemilik Kapal dan Anak Buah Kapal di Desa Lamahala Jaya Kecamatan Adonara Timur Kabupaten Flores Timur Takdir Abdurahman; Siti Ramlah Usman; Helsina Fransiska Pello
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 2 (2024): Juni : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i2.1882

The purpose of this research is to analyze the application of the principle of justice in the agreement of marine profit sharing (fish) between the ship owner and the crew in Lamahala Jaya Village, East Adonara District, East Flores Regency. The type of research used by the author is Empirical Legal research, the type of data used in this research is qualitative data. The data used in the research based on the relevance of the source data, namely primary, secondary and tertiary data. The results of this study suggest that: (1) The application of the principle of justice in the agreement of marine profit sharing (fish) between the ship owner and the crew in Lamahala Jaya Village, East Adonara Subdistrict, East Flores Regency which is carried out has been going well but is still not maximized in the distribution of results, many of the crew feel that the division is not evenly distributed due to the wages received are different. (2) The agreement is made orally (not written) so that it is detrimental to the crew because it does not have legal force in proving this is even more beneficial to the ship owner, the low productivity of the performance of the crew which affects the amount of wages received different from other crew members, increasing operational needs, the wages received by the crew can be low compared to the captain and ship owner.

Alasan Konsumen Tidak Mengadukan Kasusnya serta Bentuk Perlindungan Konsumen Akibat Kosmetik yang Berbahaya Berdasarkan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Maria Grezhella Rihi; Agustinus Hedewata; Helsina Fransiska Pello
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 6 (2024): November: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i6.557

Development of the era in field of trade and industry has led increasingly advanced and innovative products and services created and used by the community. In the era of free trade, export and import opportunities are wide open and have an impact on the entry of products legally or illegally. This study aims to determine the reasons why consumers/victims of the use of cosmetics containing hazardous materials are reluctant to report to BPOM and to determine the form of legal protection for consumers who are harmed due to using cosmetics containing hazardous materials reviewed from Law No. 08 of 1999 concerning Consumer Protection. Aspects that influence consumers not to report cosmetic brands using hazardous materials to BPOM are, consumer reluctance to use cosmetics with hazardous materials comes from combination of individual health problems, increased knowledge and awareness, ethical considerations, trust in regulations, and the influence of social and environmental factors. The circulation of cosmetic products containing hazardous materials will harm consumers, in this case business actors have certainly violated the Consumer Protection Law. These forms of legal protection create a just and orderly society by balancing individual freedom with the need for regulation and protection against various potential losses.

Penerapan Asas Keadilan dalam Perjanjian Bagi Hasil Laut (Ikan) Antara Pemilik Kapal dan Anak Buah Kapal di Desa Lamahala Jaya Kecamatan Adonara Timur Kabupaten Flores Timur Takdir Abdurahman; Siti Ramlah Usman; Helsina Fransiska Pello
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): Juni : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i2.1882

The purpose of this research is to analyze the application of the principle of justice in the agreement of marine profit sharing (fish) between the ship owner and the crew in Lamahala Jaya Village, East Adonara District, East Flores Regency. The type of research used by the author is Empirical Legal research, the type of data used in this research is qualitative data. The data used in the research based on the relevance of the source data, namely primary, secondary and tertiary data. The results of this study suggest that: (1) The application of the principle of justice in the agreement of marine profit sharing (fish) between the ship owner and the crew in Lamahala Jaya Village, East Adonara Subdistrict, East Flores Regency which is carried out has been going well but is still not maximized in the distribution of results, many of the crew feel that the division is not evenly distributed due to the wages received are different. (2) The agreement is made orally (not written) so that it is detrimental to the crew because it does not have legal force in proving this is even more beneficial to the ship owner, the low productivity of the performance of the crew which affects the amount of wages received different from other crew members, increasing operational needs, the wages received by the crew can be low compared to the captain and ship owner.

Faktor Penyebab dan Mekanisme Penyelesaian Sengketa Tanah Warisan: (Studi Kasus: Kampung Ulayat Mbehal Menjerite, Kecamatan Boleng, Kabupaten Manggarai Barat) Dionisius Hadimarino Ramli; Orpa J. Nobatonis; Helsina Fransiska Pello
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4441

The purpose of this research is to analyze the causal factors and mechanisms for resolving inherited land disputes. The type of research in this study is empirical legal research with data collection through observation, interviews. The results of this research are the factors causing inheritance land disputes in Kampung Ulayat, Mbehal Menjerite, Boleng District, West Manggarai Regency are the Uncertainty of Land Certification Uncertainty regarding land ownership in this area is caused by the lack of legal land registration at the National Land Agency (BPN). This is contrary to the provisions in the Basic Agrarian Law (UUPA) Without a valid certificate, ownership rights become weak and vulnerable to disputes and also the unilateral sale of land without the consent of all heirs potentially violates their rights. The mechanism for resolving inherited land disputes in the indigenous community of Kampung Ulayat, Mbehal Menjerite, Boleng District, West Manggarai Regency is mediation, which is an important first step in resolving land disputes. Indonesian civil law encourages dispute resolution through mediation to avoid prolonged conflict. However, the results of mediation sometimes do not satisfy all parties and in court heirs who feel aggrieved can file a lawsuit to claim their rights.

Pelaksanaan Perjanjian Kredit Angsuran Sistem fidusia (Kreasi) dengan Jaminan Fidusia pada PT. Pegadaian Larantuka Kabupaten Flores Timur Ayu Wulandari; Siti Ramlah Usman; Helsina Fransiska Pello
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.219

Installment Credit with Fiduciary System at Pegadaian (Pawnshop) is quite popular among the public, especially for small and medium enterprises, as it provides easy and fast financing services. The purpose of this study is to understand the implementation of the Fiduciary System Installment Credit Agreement at PT. Pegadaian Larantuka. The theoretical benefit of this research is to provide information for the development of legal knowledge, particularly in the field of civil law regarding Fiduciary System Installment Credit at pawnshops, while the practical benefit is to contribute ideas and suggestions for relevant stakeholders, especially customers. The research method used is empirical research. The data used in this study are based on the relevance of the data sources, which include primary, secondary, and tertiary data. The results of the study indicate that the implementation of the fiduciary system installment credit agreement at PT. Pegadaian Larantuka is offered to individuals who have been running a business for at least one year. The process starts with the prospective customer applying for credit, followed by Pegadaian analyzing the applicant's profile. The prospective customer then completes the necessary requirements and signs an agreement form, binding both parties to a specific object. The factors hindering the proper implementation of the KREASI agreement are typically caused by the customer or debtor's default, which may result from financial issues, negligence, economic conditions, or other unforeseen circumstances.

Transaksi Online dan Pembayaran Cash On Delivery (COD) Ditinjau dari Kitab Undang Undang Hukum Perdata Ana Maria Marero Meka; Yossie M.Y. Jacob; Helsina Fransiska Pello
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 1 (2025): Journal of Administrative and Social Science
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i1.2110

The development of information technology has driven changes in society’s transaction patterns, one of which is online transactions. Although electronic payment systems are increasingly common, the Cash on Delivery (COD) method remains popular due to its perceived safety and practicality. However, this method also raises legal issues, particularly concerning consumer protection and dispute resolution. This study aims to examine online transactions and COD payments based on the Indonesian Civil Code (KUH Perdata), as well as to analyze the dispute resolution procedures that may arise. The research method used is normative legal research with a statutory and conceptual approach. The results show that COD transactions constitute valid agreements if they meet the conditions outlined in Article 1320 of the Civil Code. However, in practice, cases of breach of contract and unlawful acts are still frequently found. Dispute resolution may be pursued through court litigation or alternative dispute resolution (ADR). In conclusion, legal protection for consumers in COD transactions needs to be strengthened through clearer and more specific regulations to ensure consumer rights remain protected.

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