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RECONSTRUCTION OF CONSUMER PROTECTION LAW IN MAKING THE BALANCE BUSINESS BASED BUSINESS AND CONSUMER VALUE OF JUSTICE Ramon Nofrial; Darwinsyah Minin
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

The existence of Law No. 8 of 1999 on Consumer Protection guarantee the fulfillment of the rights of consumers to consume goods and services produced by businesses, as well as achieving a balance between consumer and business. Specifications are preskriftif analytical research. This study is a prescriptive offered the concept to solve a problem, highlight something (object) aspired or should be. Is a descriptive analysis, which is to describe all the symptoms and the facts and analyzing the problems that exist in the present. In respect of consumer protection in realizing the balance of businesses and consumers based on values of justice as an effort towards a welfare state based on Pancasila and the Constitution NRI Year 1945 made to the monitoring of the use clause like to give certain restrictions that do not diminish the rights of consumers, the application of strict liability businesses ( strict liability), consumer dispute resolution pursuant to Act No. 8 of 1999, not tort (KUHPdt), and the addition of Article 45 in paragraph (2) which states: in the consumer dispute resolution in civil and criminal can not be charged back, before businesses found not guilty, and Article 63 paragraph (1) reconstructed into: criminal sanctions as referred to in Article 62, can be imposed additional penalties, such as: Deprivation of certain goods; Verdict; Payment of compensation; and the obligation of withdrawal of goods from circulation. Keyword: Consumer Protection, Balance, Businessmen, Consumer, The Value Of  Justice
Kekuatan Mengikat Risalah Lelang Bagi Pembeli Lelang Terhadap Hak Tanggungan Bagi Pembeli Lelang di Kantor Pelayanan Kekayaan Negara dan Lelang (Kpknl) Kota Batam Guswanda Andi Putra Pratama; Soerya Respationo; Erniyanti Erniyanti; Fadlan Fadlan; Ramon Nofrial
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1142

Abstract

This research aims to determine the obstacles that occur for auction buyers in vacating auction objects due to resistance from debtors or third parties, denying that debtors have been negligent in carrying out their obligations towards creditors, debtors who do not acknowledge the amount of debt from all costs that have been incurred by creditors first for the purposes of encumbrances in mortgage rights. The nature of this research is analytical descriptive. This research is also included in empirical juridical research. The data source used in this research is secondary data sources. This research was carried out at the Batam State Property and Auction Service Office (KPKNL) which was the research location. In collecting data for this research, the techniques used were library research and field research methods. The data collection tools used in this research are document study or literature study and interviews. Meanwhile, the data analysis used in this research is qualitative analysis. The conclusions that will be drawn in this research are carried out deductively. The results that have been obtained from this research are the auction minutes as authentic deeds that have perfect evidentiary power, the efforts made by KPKNL in overcoming obstacles in the auction for the execution of mortgage rights at KPKNL must be completed properly and auction buyers who have good intentions must be protected by law.