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All Journal JURNAL HUKUM Lex Publica
Fahim, Md Hasnath Kabir
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Women Trafficking Legislation in SAARC: A Cross-Country Comparative Study Fariha, Tahira Attia; Fahim, Md Hasnath Kabir
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.241

Abstract

Human trafficking, defined by actions involving recruitment, transportation, harboring, and exploitation through force, deception, or coercion, has seen a significant surge in women trafficking across Asia in recent years. This escalation in women trafficking has resulted in adverse physical and psychological health conditions for victims, often leading to social disadvantages. Given the substantial representation of women in a nation's population, injustices against them can hinder a nation's development. Within the South Asian Association for Regional Cooperation (SAARC) region, member states while sharing similarities, exhibit significant variations in their anti-women trafficking policies. This disparity prompts questions regarding the relative strength of each country's anti-women trafficking laws. Focusing on Bangladesh as a SAARC member state, this paper conducts a comparative study of Bangladesh's anti-women trafficking laws with those of other SAARC countries to assess the impact and effectiveness of existing laws in combating women trafficking.
Institutional Roles and Mechanisms in Upholding Legal Protection Under Consumer Protection Law in the Era of Globalization Widiarty, Wiwik Sri; Fahim, Md Hasnath Kabir
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.134-152

Abstract

Consumer protection law is essential in safeguarding rights against fraud and unfair practices, relying on both private institutions and governmental enforcement. This study aims to analyze the legal frameworks of consumer protection in Indonesia. It also examines the roles of institutions in the legal enforcement of consumer protection, particularly their function in maintaining the balance of relations between consumers and producers in the context of globalization and extensive online marketing. The methodology employed is normative legal research, which examines Indonesia’s Consumer Protection Law (Law Number 8 of 1999) through the lens of key concepts such as consumer rights, the institutional roles in enforcing these rights, and ensuring fair business practices. The findings underscore the importance of various consumer protection institutions, such as National Consumer Protection Agency (Badan Perlindungan Konsumen Nasional or BPKN), Non-Governmental Consumer Protection Institution (Lembaga Perlindungan Konsumen Swadaya Masyarakat or LPKSM), Consumer Dispute Resolution Agency (Badan Penyelesaian Sengketa Konsumen or BPSK), in Indonesia, which serve to educate, supervise, and assist consumers in resolving disputes with businesses. This study also identifies the challenges in implementing consumer protection law, particularly concerning the broad range of involved institutions, as well as the need for heightened consumer awareness and greater accountability from business actors.
Strengthening Consumer Protection in Digital Transactions: A Legal Perspective on Click-Wrap Agreements Under the Consumer Protection Law Panjaitan, Hulman; Girsang, Junimart; Djanegara, Moermahadi Soerja; Fahim, Md Hasnath Kabir
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.666-693

Abstract

This study examines the effectiveness of consumer protection in Indonesia’s digital transactions, with a focus on click-wrap agreements. It addresses three key questions: the normative application of consumer protection laws, the practical challenges in enforcing these laws in online markets, and strategies to strengthen legal safeguards. Using a normative and conceptual juridical approach, the research analyzes relevant legislation, including the consumer protection law, electronic information and transactions law, personal data protection law, Government Regulation Number 80/2019, and Minister of Trade Regulation Number 31/2023. Literature review and legal documents, such as academic studies, court decisions, and government policies, were also examined to assess compliance, identify ambiguous clauses, and evaluate protection mechanisms. Findings indicate that while Indonesia has legal framework guaranteeing consumer rights to accurate information, safety, compensation, and data privacy, practical enforcement remains limited. Click-wrap agreements often contain complex or non-negotiable clauses that reduce consumers’ ability to exercise their rights. Strengthening legal mechanisms, including online dispute resolution, enhanced capacity of the consumer dispute resolution agency, digital consumer literacy, and regulatory harmonization, is essential to bridge the gap between law and practice. Coordinated implementation of these measures can ensure effective, transparent, and equitable protection for digital consumers.
Co-Authors Fariha, Tahira Attia Girsang, Junimart Hulman Panjaitan, Hulman Moermahadi Soerja Djanegara Wiwik Sri Widiarty