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Protecting Consumers Against Defamation Claims: The Role of Common Interest in Product Reviews Kongres, Evi; Sugianto, Fajar; Setyorini, Erny Herlin; Kokpan, Bariyima Sylvester; Zhang, Sheng
Khazanah Hukum Vol 6, No 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.35508

Consumers who post negative reviews of products on social media often face defamation claims by business entities. Such lawsuits have had a chilling effect on the right to freedom of expression, which is protected by law. In adjudicating consumer cases, judges have generally failed to apply the concept of common interest as a consideration, despite the potential benefits and awareness such reviews provide to prospective consumers. The common interest concept, as stipulated in defamation laws, can serve as a form of legal protection for consumers who post reviews on social media, provided the reviews are truthful, reflect actual conditions, and are made in good faith. By implementing the common interest concept and conducting its proper assessment, legal protection can be ensured for both consumers and businesses. Consumers would be shielded from unwarranted defamation claims, while businesses would be protected from malicious reviews by bad-faith consumers that result in financial or reputational harm. This study aims to dissect the legal safeguard afforded to consumers through the prism of common interest when confronting social media-based complaints or reviews ensnared in defamation litigations instigated by corporate entities. Employing a normative juridical methodology, the research amalgamates legislative analysis with conceptual frameworks. The research findings accentuate the significance of invoking the public interest doctrine in consumer-related litigation, thereby fortifying legal defenses against defamation allegations.

Review Apartment by Consumer on Social Media vs Criminal Charges by Developer: Between Consumer Complaint and Defamation Kongres, Evi; Kokpan, Bariyima Sylvester
Jurnal Hukum dan Peradilan Vol 13 No 2 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.2.2024.393-420

Despite legal safeguards for freedom of expression and the right to be heard, consumers frequently encounter legal obstacles, particularly in cases where businesses initiate defamation claims. This issue is exemplified by the cases of Deedi Tjhandra, Muhadkly AT, and Desvalia, wherein consumers, after receiving no response to their complaints from developers, took to social media to post reviews of the apartment they had purchased. In these cases, it was found that the developers had breached contractual obligations, as the apartments and their associated amenities did not conform to the standards advertised in promotional materials. This study aims to analyze the rights of consumers to post video reviews of goods and/or services on social media, especially when such reviews result in defamation lawsuits and subsequent convictions. The court's ruling, in this case, found Deedi Tjhandra guilty of defamation despite the defamation statute in question having been repealed and replaced by more recent legislation. The updated legislation specifies that legal entities are barred from pursuing defamation claims. Additionally, the court did not consider the regulations established by the Joint Decree and CC rulings. The research employs a normative juridical methodology incorporating legislative and conceptual analyses. The novelty of this study lies in its exploration of the public interest concept within criminal and civil law as it pertains to defamation statutes being met through social media, particularly when these reviews serve the public interest. Additionally, the study assesses the adherence of law enforcement agencies to established regulations concerning defamation.

Assessing Constitutional Frameworks for Closed Proportional Representation in House of Representatives Elections Simatupang, Vemansyah; Kokpan, Bariyima Sylvester
Jurnal Mengkaji Indonesia Vol. 2 No. 2 (2023): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i2.475

Abstract: The electoral system in Indonesia has implemented two politically different systems, one of which is the proportional system. This proportional system is also divided into proportional with an open list and proportional with a closed list. The basic idea of a proportional system is that the composition of seats obtained by a political party in an electoral area will be in balance with the proportion of votes received by the political party concerned in the election. Even in this system, only a few votes are wasted. According to the provisions of Article 168 paragraph (2) of Law No. 7/2017, the electoral system for DPR members is open proportional with a majority vote. This system has a good level of representation because the people are free to determine their representatives who will sit in Parliament directly and can continue to supervise those they choose. Purpose: This research aims to analyze the application of a closed proportional system in the DPR election from the perspective of the 1945 Constitution of the Republic of Indonesia; arrangements regarding the principles of elections in the constitution are regulated in Article 22E of the 1945 Constitution of the Republic of Indonesia. Design/Methodology/Approach: The type of research used in this research is normative legal research, using statute and conceptual approaches. Findings: The results of this research indicate that the application of a closed proportional system is not following the Constitution of the Republic of Indonesia because it will close space for the people to make their own choices directly because in a closed proportional system the determination of who are the candidates for members of the DPR who will sit in parliament is absolute political party wishes. Originality/Value: Debates about the constitutionality of open proportional and closed proportional systems always fill public spaces, especially before the election. Due to this issue, a fundamental question arises about whether the closed proportional system in the election of DPR members follows the Constitution of the Republic of Indonesia. This issue is the reason for research regarding the general election system for DPR members following the Constitution of the Republic of Indonesia.

Protecting Consumers Against Defamation Claims: The Role of Common Interest in Product Reviews Kongres, Evi; Sugianto, Fajar; Setyorini, Erny Herlin; Kokpan, Bariyima Sylvester; Zhang, Sheng
Khazanah Hukum Vol. 6 No. 3 (2024): Khazanah Hukum Vol 6, No 3 December (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i3.35508

Consumers who post negative reviews of products on social media often face defamation claims by business entities. Such lawsuits have had a chilling effect on the right to freedom of expression, which is protected by law. In adjudicating consumer cases, judges have generally failed to apply the concept of common interest as a consideration, despite the potential benefits and awareness such reviews provide to prospective consumers. The common interest concept, as stipulated in defamation laws, can serve as a form of legal protection for consumers who post reviews on social media, provided the reviews are truthful, reflect actual conditions, and are made in good faith. By implementing the common interest concept and conducting its proper assessment, legal protection can be ensured for both consumers and businesses. Consumers would be shielded from unwarranted defamation claims, while businesses would be protected from malicious reviews by bad-faith consumers that result in financial or reputational harm. This study aims to dissect the legal safeguard afforded to consumers through the prism of common interest when confronting social media-based complaints or reviews ensnared in defamation litigations instigated by corporate entities. Employing a normative juridical methodology, the research amalgamates legislative analysis with conceptual frameworks. The research findings accentuate the significance of invoking the public interest doctrine in consumer-related litigation, thereby fortifying legal defenses against defamation allegations.

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