The Juris

PERLINDUNGAN KONSUMEN DALAM JUAL BELI MELALUI TOKOPEDIA

Dwi Argo Octavianto — Tue, 03 Jun 2025 00:00:00 +0700

This research approach uses a descriptive analytical approach which is intended to provide an overview and analysis of the implementation of provisions in regulations which are based on applicable legal provisions. The research location is Tokopedia Semarang consumers. The type of data is primary data. The primary data in this thesis is a number of information or facts about legal protection for consumers in buying and selling on Tokopedia which were directly obtained from interviews with Tokopedia consumers. As a result of the research, information was obtained that legal protection for consumers in buying and selling on Tokopedia, namely legal protection for consumers, is regulated in Articles 4 and 5 of Law Number 8 of 1999 concerning Consumer Protection, Article 1243 of the Civil Code, Articles 1 (17), 46, 48 of Government Regulations Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions. The legal consequences that arise regarding violations of consumer rights in online buying and selling by Tokopedia refer to Article 62 paragraph (1) of the Consumer Protection Law that business actors who violate consumer rights will be punished with a maximum imprisonment of 5 (five) years or a maximum fine. a lot of IDR 2 billion.

PERLINDUNGAN HUKUM TERHADAP PRIVASI DATA PRIBADI DI ERA DIGITAL

Ridho Sadillah Ahmad, Dyah Ayu Puspaningtyas, Muhammad Nur Karim Al Ismariy — Tue, 03 Jun 2025 00:00:00 +0700

In an increasingly fast-paced and connected digital era, the protection of personal data privacy has become a very urgent and complex issue. Information and communication technologies have facilitated the widespread collection, storage and distribution of personal data, presenting new challenges to the protection of privacy rights, particularly in Indonesia. This phenomenon is exacerbated by various cases of data leakage and misuse of personal information that emphasize the importance of a strong and effective legal framework to protect individual privacy. This study aims to evaluate the effectiveness of existing regulations, such as Article 26 of the ITE Law and PP PSTE, in protecting personal data privacy in Indonesia, and to examine the draft personal data protection law (RUU PDP) which is expected to provide more comprehensive protection. The research method used is a normative juridical approach, with literature study as the main tool for collecting data. The results show that although the existing regulations already provide an important legal foundation, there are still weaknesses in implementation and law enforcement. Lack of public awareness about privacy rights, as well as weak law enforcement against data privacy violations, are the main obstacles in the protection of personal data privacy. The conclusion of this study is that improvements in regulation, stricter law enforcement, and better education to the public are needed to improve the protection of personal data privacy. The PDP Bill is expected to address some of these weaknesses by providing a clearer and more comprehensive legal framework.

KECERDASAN BUATAN DAN PERLINDUNGAN DATA: ANALISIS REGULASI YANG ADIL UNTUK SISTEM HUKUM INDONESIA

Yudha Sri Wulandari — Tue, 03 Jun 2025 00:00:00 +0700

The development of artificial intelligence (AI) has had a significant impact on various aspects of life, including legal systems and data protection. This study aims to analyze policies and regulations related to AI and data protection in Indonesia, by comparing them with international standards. The method used in this research is a normative approach through the analysis of legislation, case studies, and literature review. The results show that AI regulation in Indonesia is still in its early stages, with several key challenges related to ethics, security, and privacy rights. Therefore, strategic steps are needed in the formulation of policies that are more adaptive and based on the principles of justice and legal certainty. The findings indicate that current AI regulations in Indonesia are not yet fully prepared to address the challenges posed by rapid technological advancements. Key issues include ethical concerns, data security, and privacy rights, which are often overlooked. Hence, strategic actions are necessary to develop more adaptive, transparent policies based on the principles of justice and legal certainty. This study also highlights the need for regulatory updates that balance technological innovation with the protection of individual rights, so that Indonesia can fully harness the potential of AI without compromising privacy and data security.

DAMPAK SERTIFIKASI DAN LABELISASI HALAL TERHADAP PENJUALAN MIE SAMYANG MENURUT UNDANG-UNDANG JAMINAN PRODUK HALAL

Ardelia Lananda, Leny Megawati — Tue, 03 Jun 2025 00:00:00 +0700

Certification and labeling are two different processes, but they are interrelated. Halal certification is a verification process to obtain recognition from an official institution, while a halal label is a symbol that is included on the product packaging as proof that the product has obtained halal certification. The implementation of halal certification and labeling in the food industry in Indonesia is an obligation that must be complied with by every business actor. This is stated in Law Number 33 of 2014 concerning Halal Product Assurance. The purpose of this study is to analyze in more depth the Implementation of Halal Certification Submission Regulations on Samyang Noodle Products and to identify the Influence of Halal Certification and Labeling on Consumer Trust in Selling Samyang Noodles According to the Halal Product Assurance Law. The method used in this study is the normative legal research method. This research method is carried out by examining problems and processing data obtained from legal regulations in accordance with existing regulations and rules or norms as the basis for research. The results of the study indicate that the implementation of halal certification and labeling has a significant impact on the sale of Samyang noodle products. Before obtaining halal certification and labeling, Samyang noodle products experienced a 30% decline in demand due to concerns among Muslims regarding their halal status. However, after obtaining halal certification and labeling from the Indonesian Ulema Council (MUI), sales of Samyang noodle products increased again due to legal certainty and consumer trust.

PENGECUALIAN RAHASIA BANK BAGI KURATOR SEBAGAI BENTUK KESEIMBANGAN ANTARA KEPENTINGAN PRIBADI NASABAH DAN KEPENTINGAN UMUM

Mona Wulandari — Tue, 03 Jun 2025 00:00:00 +0700

The principle of bank secrecy regulation is basically not absolute, but relative, which means that the confidentiality of customers remains protected, but if there are certain things the principle of bank secrecy can be set aside. This condition can be an obstacle for the Curator in carrying out his duties because the existence of bank secrecy provisions causes the Curator to be unable to identify and secure the debtor's bank account because in the banking law before the enactment of the Law on Development and Strengthening of the Financial Sector (P2SK) did not regulate it clearly, firmly and state expressis verbis (clear and firm meaning). The type of research used in this writing is normative legal research. The exception to the opening of Bank Secrecy for curators through a Commercial Court decision is an exception that is regulated for the public interest, especially in the bankruptcy process. This aims to allow the curator to access the financial information of debtors who are in bankruptcy for the sake of settling bankrupt assets. This exception balances the privacy rights of bank customers and the public interest in law enforcement. The exception to bank secrecy for curators is an example of the balance between the personal interests of customers (privacy) and the public interest (in this case, the fulfillment of debtor obligations and the protection of creditor rights). This exception is strictly regulated to prevent abuse and ensure that financial information is only accessed by authorized parties in a legitimate bankruptcy process.

IMPLEMENTASI PEMUNGUTAN RETRIBUSI PELAYANAN PASAR DI PASAR SIMPANG SARI PERSPEKTIF FIQH SIYASAH TANFIDZIYYAH

Reza Aprilia, Frenki, Agus Hermanto — Wed, 04 Jun 2025 13:59:36 +0700

Retribution refers to the payment imposed for the provision of market service facilities carried out by the local government. Its implementation must be conducted properly and in accordance with statutory regulations to ensure optimal benefits for the community. However, in practice, the collection of retribution fees at Simpang Sari Market differs from the stipulations outlined in Article 18, Paragraph (2) of the Regent Regulation of West Lampung Regency, which states: “Retribution officers are prohibited from altering or increasing the amount of the retribution fee.” In reality, the amount of retribution collected by officers diverges from the officially prescribed tariff. This study aims to investigate and analyze the implementation of market service retribution collection at Simpang Sari Market, and to examine it from the perspective of Fiqh Siyasah Tanfidziyyah (the Islamic theory of administrative governance). The research adopts a field research methodology using a descriptive approach, with data gathered through interviews and direct observation. Data were collected from pre-selected informants to ensure accuracy and relevance for this study. Although the local government has established regulations and provided implementation guidelines for the collection of market service retribution, several issues have emerged in practice. These include a lack of understanding among market vendors regarding the retribution system, poor coordination among collection officers, and the involvement of unauthorized individuals who collect fees outside the formal governmental structure.

KEABSAHAN PERJANJIAN DAN KEDUDUKAN PINJAMAN ONLINE ILLEGAL SEBAGAI KREDITUR DALAM KEPAILITAN

Jason Nicholas — Wed, 04 Jun 2025 14:01:04 +0700

Online loans in Indonesia are becoming a growing business. Every day there are more and more online loans, some of which are even illegal.This scientific article was written to examine the bankruptcy that can be occurred in online loan debtors. The research was conducted normatively using books, journal articles, and articles in online media as research sources. The study concluded that illegal online loan agreements are valid in the eyes of the law until the agreement is terminated by a judge.

TINJAUAN KRIMINOLOGIS TERHADAP PELAKU IKLAN JUDI ONLINE MELALUI MEDIA SOSIAL (INSTAGRAM) DI KOTA KUPANG

Ruben. E Tefa, Heryanto Amalo, Adrianus Djara Dima — Wed, 04 Jun 2025 14:03:27 +0700

Human life today has been in an era where it has been dominated by massive technological developments, and one of them is in the field of communication and information. The presence of a major innovation, namely the internet network, brings so many conveniences and benefits in the world of communication and information. However, this development is also not free from adverse effects, namely crimes that are influenced by irresponsible behavior carried out by humans in utilizing existing developments. The new crime caused by this development is the dissemination of information in the form of advertisements about online gambling which occurs so much through digital communication and information platforms such as Instagram social media. The objectives of this research are: (1) to find out what factors cause the involvement of online gambling advertisers through social media (Instagram) in Kupang City. (2) To find out how the countermeasures against online gambling advertisements through social media (Instagram) in Kupang City.

This research is an empirical research with a legal sociological approach method so that it is based on data obtained in the field through interviews with 12 respondents. This data is analyzed descriptively-qualitatively.

The results showed that: (1) factors causing online gambling advertisements through social media (Instagram) in Kupang City are lifestyle, minimal skills, weak law enforcement, circle of friends, and family environment. (2) Countermeasures against online gambling advertisements through social media (Instagram) in Kupang City at this time are still only in the form of preventive countermeasures carried out by the Kupang City Resor Police Agency.

PERTANGGUNGJAWABAN PIDANA DAN PERLINDUNGAN HUKUM BAGI PELAKU TINDAK PIDANA DENGAN GANGGUAN KEJIWAAN

Wilhelmina Maria Peni Tapowolo, Karolus K. Medan, Adrianus Djara Dima — Wed, 04 Jun 2025 19:54:59 +0700

Crimes committed by Persons with Mental Disorders (ODGJ) are a complex phenomenon that demands special attention from the aspects of criminal law and human rights protection. In the Indonesian legal system, the ability to account for criminal acts is an essential element in imposing punishment. However, when the perpetrator of a criminal act suffers from a severe mental disorder, criminal liability cannot be imposed in accordance with the provisions of Article 44 of the Criminal Code (KUHP). The legal protection provided to perpetrators of criminal acts with mental disorders has also not been implemented properly in accordance with the provisions of the applicable law. Based on this, the main problem was formulated: (1) can a person with a mental disorder be held accountable for the act of murder committed? (2) What is the legal protection for people who commit the crime of murder who are classified as having a mental disorder? This study uses a combination of normative law research methods using a statute approach, a conceptual approach, and a case approach and empirical law that uses a socio-legal approach. This research was conducted in Wulanggitang District, East Flores Regency. The data is analyzed qualitatively. Based on the results of the study, it shows that perpetrators of criminal acts who experience severe psychiatric disorders cannot be held criminally responsible and are subject to sanctions in the form of psychiatric treatment. However, in practice, in the case of FAT, there are obstacles in the implementation of legal protection, due to the occurrence of attachment actions. This shows that there is an inequality between legal norms and social reality. Therefore, synergy is needed between law enforcement officials, mental health workers, and families to ensure fair legal implementation and comprehensive protection of the rights of ODGJ.

TINJAUAN KRIMINOLOGIS PENJUALAN OBAT KERAS GOLONGAN G TANPA MEMENUHI PERSYARATAN KEAMANAN DI KABUPATEN TIMOR TENGAH SELATAN

Maldo Jupiter Leni, Deddy R. CH Manafe, Adrianus Djara Dima — Wed, 04 Jun 2025 20:41:57 +0700

The sale of hard drugs classified as Group G without meeting safety requirements has become a serious issue in Indonesia due to the high risk of misuse and the threat it poses to public health. In Timor Tengah Selatan Regency, several small kiosks have been found illegally selling these drugs without proper licenses and oversight. Commonly sold drugs include Mefenamic Acid, Amoxicillin Trihydrate, Piroxicam, Dexaharsen, and Antalgin. The main motive of the perpetrators is financial gain. This research to identify the factors that contribute to the sale of Class G prescription drugs without meeting safety requirements in Timor Tengah Selatan Regency, to examine the efforts made to address and mitigate the sale of Class G prescription drugs that not comply with safety regulations in Timor Tengah Selatan Regency. This research is empirical research with a legal sociological approach method that it is based on data obtained in the field through interviews with 8 respondents. The data collection techniques used in this study: observation, interviews, and literature review. Results study indicate that the factors contributing to the sale of Class G prescription drugs without meeting safety requirements in Timor Tengah Selatan Regency include a lack of legal awareness, economic motives (profit-seeking), and environmental factors specifically, unequal infrastructure development and the demands of the local community; efforts to address the sale of these drugs involve both preventive and repressive measures carried out by the Timor Tengah Selatan Resort Police.

URGENSI IZIN USAHA PETERNAKAN SEBAGAI KEWAJIBAN HUKUM DAN DASAR LEGALITAS USAHA PETERNAKAN DI INDONESIA

Ardelia Lananda, M. Budi Mulyadi — Sun, 08 Jun 2025 18:42:15 +0700

Livestock business licensing is one of the important instruments in the Indonesian legal system that not only functions as a form of compliance with the law, but also as a legal basis to ensure the feasibility, security, and sustainability of livestock businesses. In addition, this livestock business license is also a fundamental aspect in the implementation of legitimate and responsible livestock business activities in Indonesia. The purpose of this study is to examine in more depth the regulations or legal arrangements regarding livestock business licensing in the legal system in Indonesia, analyze the urgency of livestock business licensing as a legal obligation and legal basis in organizing livestock businesses in Indonesia, and identify legal implications for livestock business actors who do not fulfill licensing obligations in accordance with the provisions of the applicable law in Indonesia. The method used in this study is the normative legal research method. This research method is carried out by examining problems and processing data obtained from legal regulations in accordance with existing regulations and rules or norms as the basis for research. The results of the study show that the existence of business permits in the livestock sector not only provides legal certainty, but also functions as a preventive mechanism against various legal and social risks, so that strengthening an effective and efficient licensing system is urgently needed to realize legal, sustainable, and public protection-oriented livestock business governance.