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Juridical Review of Consumer Change in the Form of Donations Afifah Ananda Nafirah; Tiara Reva Oktaviarni; Mutiara Sistriyani; Rahman Rahman; Agus Dimyati
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 4 No. 7 (2025): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v4i7.400

Abstract

The customer refund system at minimarkets like Alfamart has drawn criticism for creating an imbalance between consumers and pelaku usaha. Although Law No. 8 of 1999 on Consumer Protection grants consumers equal legal standing with pelaku usaha, practical issues persist, particularly regarding consumer rights when insufficient uang kembalian is provided. This research examines the legal protections for consumers who incur losses due to a lack of uang kembalian at Alfamart and explores available legal remedies. Using a descriptive analysis approach with a normatif yuridis method, the study evaluates the relevant business law frameworks. Findings reveal that Law No. 8 of 1999 does not specifically regulate insufficient uang kembalian in retail, but the Kitab Undang-Undang Hukum Perdata (Civil Code) classifies failure to provide refunds as wanprestasi (breach of contract). Additionally, pelaku usaha are subject to the principle of strict liability (tanggung jawab mutlak), making them accountable for consumer losses resulting from unlawful acts, regardless of fault. These results highlight the need for clearer legal guidelines on consumer refunds in the retail sector. The study suggests that stricter enforcement of consumer rights and more explicit regulatory frameworks are essential to ensure fair treatment for consumers in retail transactions.
Juridical Review of the Implementation of the Fulfillment of Victims' Rights in the Implementation of Diversion in the Juvenile Criminal Justice Process Syahrul Hidayat; Ahamad Bachtiar; Nazwa Saizidan; Agus Dimyati; Anom Sutrisno
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 4 No. 7 (2025): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v4i7.401

Abstract

In accordance with Law No. 11 of 2012 on the Child Criminal Justice System, Diversion is intended as an alternative approach to handling juvenile criminal cases, aiming to reduce recidivism rates among young offenders in Indonesia. Although the implementation of diversion in the judicial process—at the investigation, prosecution, and trial stages—has proven relatively effective, technical challenges remain, particularly when juvenile offenders deny or default on the terms of diversion agreements. This issue was highlighted in case Number 1/Pid.Sus-Anak/2017/PN.Cbn, where the perpetrator failed to honor the agreement, leading to the re-trial of the case despite the earlier diversion decision. The main objectives of this study are to examine the implementation of diversion in the juvenile justice process according to Law No. 11 of 2012 and to analyze the legal consequences when victims' rights are not fulfilled during diversion. The research uses a normative legal approach, focusing on existing literature and legal frameworks. The findings reveal that if a diversion agreement is not executed within the stipulated time—particularly regarding victim compensation, restoration, or community service—the judge's decision with legal force may be annulled. As demonstrated in the aforementioned case, failure to fulfill diversion terms leads to default, causing the criminal process to resume. This study highlights the need for stricter enforcement of diversion agreements to ensure effective implementation and protection of both the rights of the victims and the integrity of the diversion process.