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Tinjauan Yuridis Perlindungan Konsumen atas Pemadaman Listrik oleh Pln Batam Alfis Setyawan; Vivi Marlina
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The responsibility of electricity management in Batam, starting from generation, transmission, distribution to customer care lies on the hand of PT Pelayanan Listrik Nasional Batam (PLN Batam). However, these responsibilities do not include the constant supply of electricity and power outage which keeps occurring. Power outage occurrences resulted in inconveniences and monetary losses to consumer. The law regulates consumer protection but, has not been necessarily wellimplemented. Therefore, it is vital to investigate the legal protection of consumers on the unilateral power outage by PLN Batam that occurs in the field. The type of research used is empirical juridical. Primary data comes from interviews with PLN Batam, Yayasan Lembaga Konsumen Batam, as well as direct consumers; residents of Batam. Secondary data is derived from currently existing consumer protection law, alongside electricity law. From this research, it has been proven that power outage violated some consumer rights. Regarding this issue, more attention needs to be paid towards the implementation of consumers’ legal protection. Furthermore, preventive legal protection needs proper regulation and utilization. Also, there are obstacles that need to be addressed and overcome. This optimization can be achieved with awareness, coordination, and good faith by all parties involved in the relationship between PLN Batam and its customers.

Tinjauan Yuridis Pertanggungjawaban Hukum Marketplace Online terhadap Pelanggaran Hak Cipta Alfis Setyawan; Kiki Ristanto
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Online Marketplace has a strategic role in the surveillance, prevention and eradication of copyright infringement in its platform. If online marketplace does not take any necessary action, it is certain that the level of copyright infringement will increase along with the growth of national e-commerce industry. Considering the fact as stated above, author is interested in studying the legal liability of online marketplace regarding to copyright infringement, especially in the sale of pirated computer programs in pursuant to Indonesia Copyright Act. This study is using normative legal research study by applying the descriptive-qualitative method. Secondary data is applied in this study. Secondarydata is collected using the library research. Once all files have been collected, it will be processed and analyzed qualitatively, which means to compartmentalize the data based on studied aspects and described descriptively on the end. Results of this study showed that in terms of Law Number 28 of 2014 on Copyright, online marketplace is legally liable in criminal sentence in pursuant to article 114 of this copyright act and civil liability in term to article 10, breaching of article 10 is a tort of online marketplace. Furthermore, copyright owner is entitled the right to file a criminal report to police department or file a civil lawsuit through Indonesia commercial court, alternative dispute resolution and arbitration court against the copyright infringement. Few measures can be implemented by online marketplace to combat copyright infringement, included enjoinment and removal of infringing content and implementing word filter feature in the platform

Perlindungan Konsumen dalam Transaksi E-Commerce Ditinjau dari Undang-Undang Perlindungan Konsumen Alfis Setyawan; Bella Wijaya
Journal of Judicial Review Vol 19 No 2 (2017)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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E-commerce transaction is a trade or buy-and-sell, which are done through the internet media. E-commerce transaction used substantially by the society because of how prompt and efficient it is without having to directly meeting the seller. Ecommerce transaction is done through website or Online Retailer Provider. During the development, e-commerce transaction has several problems regarding the consumer’s protection, for example when the product sent by the Online Retailer Provider is not compatible or when there is a defective on the product received by the consumer. Those incidents harm the consumers. Thus, there is a necessity to conduct a research to figure the consumer’s protection in e-commerce transaction based on Law Number 8 Year 1999 on Consumer’s Protection (hereinafter referred as LOCP), this study further objective is to answer the question on the online retailer provider liability in e-commerce transaction based upon LOCP, how does the law protect the consumers in e-commerce transaction based upon LOCP and how to conduct the legal effort and the resolution of consumer’s dispute in e-commerce transaction based upon LOCP. This study is a juridical normative legal research. The data used are primary data, which consist of legislations and secondary data retrieved from library research. In this study the author used the method of data analysis by implementing qualitative approach. This approach is used towards the data retrieved from document studies and library materials. The law protections for consumer in e-commerce transaction based upon LOCP are divided into 3 (three) parts, which are before the transaction, during the transaction and after the transaction. Online Retailer Provider as a seller or the business-maker has a liability such as regulated in LOCP. The liability regulated in LOCP is the liability to use the presumption principle to always be regarded responsible and being in the state of absolute liability. Whereas the legal effort which could be undergone by the consumer in LOCP is not sufficient enough for the dispute resolution in e-commerce transaction due to the character of e-commerce transaction that does not need a direct meeting and the broadness of the territory in online transaction. Thus an alternative solution is needed to efficiently resolve the dispute such as Online Dispute Resolution.

Standarisasi Pelayanan Kedokteran Sebagai Upaya Preventif Malpraktek Kedokteran Dalam Perspektif Hukum Alfis Setyawan
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Act No. 36 year 2009 on Health and Act No. 29 year 2004 on Doctoral Practice were not enough to regulate about the doctoral service standardization. The doctoral service standardization as a national minimum standard was very required. The doctoral service standardization had to be in the legal regulation form so that it’s binding, had a law force, and at the same time became a doctoral malpractice preventive action because doctors had the legal obligations to do the practice based on the doctoral service standardization.

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