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Journal : UIR LAW REVIEW

KAJIAN YURIDIS UPAYA HUKUM PERSAINGAN USAHA DALAM MENCIPTAKAN KESEIMBANGAN ANTARA KEPENTINGAN PELAKU USAHA DAN PERLINDUNGAN KONSUMEN Rahmi Yuniarti; Cheny Berlian
UIR Law Review Vol. 8 No. 1 (2024): Vol. 8 No. 1 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(1).17329

Abstract

Business competition law and consumer protection law have relevance in that the positive impact that occurs from healthy competition impacts business actors and consumers, as well as the negative impact that occurs if there are monopolistic practices and unfair business competition. Apart from business actors, consumers will also experience loss. The problem studied in this article is a Juridical Study of Legal Efforts for Business Competition in Creating a Balance Between the Interests of Business Actors and Consumer Protection. The approach method that will be used is normative juridical. This research is descriptive analytical in nature and the results of data processing are then analyzed using qualitative descriptive methods. Consumer rights are closely related to business competition. If unfair competition occurs and consumers become victims, consumers have the right to receive compensation. Consumers also have the right to receive appropriate advocacy, protection and efforts to resolve consumer protection disputes. It would be better if monopolistic practices and unfair business competition occur, consumers can immediately claim their rights in this case without needing to file a lawsuit for compensation again. Keywords : Business Competition Law, Business Actors, Consumers
PENYALAHGUNAAN HAK TANAH OLEH DEVELOPER DAN PERLINDUNGAN KONSUMEN PEMBELI PROPERTI Berlian, Cheny; AKbar Santoso, Mulia; Aksar
UIR Law Review Vol. 9 No. 2 (2025): UIR LAW REVIEW
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2025.vol9(2).25099

Abstract

Abstract: The rapid property development in Indonesia is often followed by issues related to land rights abuse by developers, which harms consumers in property transactions. One of the main problems is the sale of land with unclear legal status or land under dispute, leading to the risk of consumers losing their property rights. This study aims to analyze the impact of land rights abuse by developers on consumer protection and the implementation of the Consumer Protection Law in improving dispute resolution mechanisms in cases of developer default. The study uses a normative legal research method with a descriptive-analytical approach, analyzing applicable regulations, legal principles, and relevant legal theories. Data was collected through library research using primary and secondary data sources and analyzed qualitatively. The results indicate that land rights abuse by developers significantly impacts consumers, both financially and psychologically. Developer defaults related to delays, discrepancies in property specifications, and land legal issues increase consumer distrust in the property sector. The implementation of the Consumer Protection Law through the Consumer Dispute Settlement Body (BPSK) can improve dispute resolution mechanisms, although challenges in consumer awareness and the enforcement of BPSK decisions still need to be addressed. Stronger law enforcement and improved transparency will enhance consumer protection. Keywords: Land Rights Abuse, Developer Default, Consumer Protection