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PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PEREDARAN KOSMETIK ILEGAL SECARA ONLINE Rizal Satria Heryansyach; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.64 KB) | DOI: 10.53363/bureau.v2i1.19

Abstract

Cosmetics are always favored by women, even from generation to generation there has never been a dim. Always needed in every appearance, even now cosmetics have become a basic need for women. In reality, cosmetics are products that must have a permit, the legality of which is a dead product. However, in fact not all cosmetics have this. In the end, it causes many problems that arise and are even considered detrimental to consumers and end compensation, etc. Consumers can take refuge behind the Consumer Protection Act, because every consumer is given a legal certainty and is guaranteed a sense of justice, security, etc. in the eyes of the law. Everything is interrelated. Not only selling and buying, but the BPOM permit is also very important considering that cosmetic products are not allowed to be circulated. Must go through many stages to finally be given a permit for a product fit for circulation, and must also comply with the applicable provisions regarding the product. Even though they do not directly meet with consumers, the obligations of business actors must also be carried out if they have entered the realm of trading, especially online/electronically
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS KERUGIAN AKIBAT MEMBELI DAGING SAPI GLONGGONGAN Nuril Anwar; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (337.987 KB) | DOI: 10.53363/bureau.v2i1.20

Abstract

The rampant circulation of glonggongan beef causes losses for consumers because they get a discrepancy in the quality of the beef so that it has an impact on the health and safety of consumers when consuming glonggongan beef. This study will examine the form of protection for consumers and the form of government responsibility related to the sale of glonggongan beef in traditional markets. This study uses a normative method, with a statutory approach and a conceptual approach to answer the formulation of the problem in this study. Based on the results of the research, the form of legal protection for consumers for quality discrepancies in glonggongan beef is in the form of compensation which includes products, treatment costs, medical costs and criminal prosecution. This form of legal protection for consumers is regulated in Article 19 of the Consumer Protection Law concerning the accountability of business actors and Article 8 of the Consumer Protection Law concerning prohibitions for business actors. In terms of the government's responsibility regarding the circulation of glonggongan beef, efforts are made to overcome it either with criminal law (Penal Efforts) or without criminal law (Non-Penal Efforts). In the penal effort, dispute resolution efforts are carried out through the courts by carrying out administrative and criminal prosecutions. In addition, the penal effort can also be carried out out of court through BPSK or LPKSM with 3 (three) settlement procedures, namely Conciliation, Mediation and Arbitration. Meanwhile, Non-Penal Efforts carried out by the government as a form of responsibility are by conducting outreach or outreach to the community, raids with other law enforcement officers, taking firm action and tightening supervision in the upstream sector, namely slaughterhouses
TANGGUNG JAWAB PERUSAHAAN PENYEDIA JASA TERHADAP PERBUATAN MELANGGAR HUKUM PEKERJA OUTSOURCING DI TEMPAT KERJA Naufal Fauzan Zainul Muttaqin; Rosalinda Elsina Latumahina
Jurnal Inovasi Penelitian Vol 3 No 3: Agustus 2022
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/jip.v3i3.1842

Abstract

Sistem outsourcing menyebabkan adanya tiga pihak dalam hubungan kerja antara perusahaan penyedia jasa pekerja dengan pekerja, penyedia jasa bekerja dengan penyedia pekerjaan, dan juga Pekerja dengan penyedia pekerja sendiri. Hal ini akan menimbulkan tanggung jawab yang berbeda dengan sistem ketenagakerjaan pada umumnya. Dimana ada penyedia jasa pekerja yang bertanggung jawab terhadap karyawannya. Hal ini menimbulkan masalah dalam hal pekerja melakukan perbuatan melawan hukum yang dapat merugikan orang lain baik di tempat dia bekerja maupun pihak yang dirugikan dalam hal pekerja melakukan perbuatan melawan hukum dalam lingkup hubungan kerja dan aspek pertanggungjawaban dari pekerjaannya. Dalam hal ini penyedia jasa dapat dimintai pertanggungjawaban atas tindakan yang dilakukan oleh pekerja yang berada di bawah tanggung jawabnya. Sesuai dengan Pasal 1367 KUHPerdata yang dengan tegas menyatakan bahwa “kerugian bukan saja bertanggung jawab atas perbuatannya sendiri yang ditimbulkan, tetapi juga kerugian yang ditimbulkan oleh perbuatan mereka yang menjadi tanggungan… majikan dan orang yang mengangkat orang lain untuk mewakili mereka”. bertanggung jawab atas kerugian yang ditimbulkan oleh pegawai atau bawahannya dalam melaksanakan pekerjaan yang ditugaskan pada itu. Adapun tujuan dari penulisan makalah ini adalah untuk mengetahui bagaimana tanggung jawab perusahaan penyedia jasa kerja terhadap perbuatan melawan hukum yang dilakukan oleh para pekerja, dan juga bagaimana hukum konsekuensi bagi pekerja yang melakukan perbuatan melawan hukum. Dari pembahasan penulis bahwa perusahaan bertanggung jawab terhadap karyawan yang melakukan segala perbuatan melawan hukum yang dilakukan dalam lingkup hubungan kerja dan aspek pekerjaannya lainnya. Tanggung jawab ini dapat berupa pertanggungjawaban pidana dan perdata.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN KARTU SIM YANG MENGALAMI KEBOCORAN DATA AKIBAT PERETASAN Fadhi Khoiru Nasrudin; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.137

Abstract

The development of the internet cannot be separated from the development of the concept of personal data. Information technology today has developed very quickly and rapidly. This is because information technology is able to eliminate the boundaries of space, distance and time so as to significantly increase aspects of productivity and efficiency. The presence of digital crime has developed into a threat to human life, making it difficult for public authorities to know the strategies for violations committed with computer innovation, especially internet networks. So the main problem in this research is whether the Personal Data Protection Law can protect SIM card consumers against hacking of personal data? Data protection is a term that is often used to refer to binding practices, safeguards and rules put in place to protect personal data and ensure that the data subject remains in control. Article 12 paragraph (1) Personal Data Subjects have the right to sue and receive compensation for violations of processing Personal Data about themselves in accordance with statutory provisions. The approach to this problem is to use a method that reviews the regulations and provisions that have been in force and are often followed by the community. Therefore, the type of research used includes normative legal research
PERLINDUNGAN KONSUMEN TERHADAP PRODUK MAKANAN TANPA SERTIFIKASI HALAL YANG DIJUAL MELALUI MEDIA LAYANAN GOFOOD Aris Firman Hidayat; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.145

Abstract

Cases of rampant problems regarding halal-labeled food products in Indonesia that are not yet clear about their halal status, show that various products in Indonesia have included a halal label on a product, but the product does not have halal certification from the Ministry of Religion, which means that the initiative from the producer, so that the product is not yet clear about its halal. In this increasingly modern era with all the technology, there has been a change in the marketing of a food product, especially for the Indonesian people, with this technology making everything in society faster and more efficient, including in terms of food marketing. The existence of this technology has provided marketing opportunities for businesses to trade food products online. The online media that is often used by the public to meet their food needs is through the Gofood application service media. Because it can be a great opportunity to trade food products easily. In this research, it examines the laws and regulations relating to the halal food products sold through the Gofood service media
HAK KARYAWAN YANG TERDAMPAK PEMUTUSAN HUBUNGAN KERJA SECARA SEPIHAK DI PT. YOUNG TREE INDUSTRIES Aden Fadli Mukhammad; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.166

Abstract

Termination of employment or what is often called layoffs is the end of an employment relationship betweeniworkers or laborersiand employersiwhere theiend ofian employmentirelationship resultsiin theiloss ofithe obligations andirights ofiworkers. Layoffs are often carried out by a company where a situation occurs which results in a reduction in workers so that the company can survive its operations. Workers who experience layoffs also have their own legal protection for the rights and obligations that must be given by the company because it has laid off its workers/laborers.Theimethod used inithis studyiis ainormative juridicalimethod withia statutory and conceptual approachiwhich will discuss inidetail what are theilegal protections for employees who experience layoffs and what are the rights of employees when laid offiby theicompany. Theiresults ofithis studyiare thatimany companies carry out layoffs of workers arbitrarily without giving the rights that workers must receive when laid off. The existence of a rule in the law also cannot guarantee whether a company can fulfill certain rights and obligations to workers who have been laid off. With unilateral layoffs by companies, it can also increase the unemployment rate in this country, therefore strengthening laws and regulations is also one way so that companies do not arbitrarily lay off workers unilaterally
AKIBAT HUKUM TERHADAP PERKAWINAN BEDA AGAMA DI INDONESIA: STUDI TERHADAP PUTUSAN PN SURABAYA NOMOR 916/PDT.P/2022/PN SBY Patricia Karlina Dimiyati; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.170

Abstract

The current Marriage Law in Indonesia does not specifically explain marriages with different religious backgrounds. The absence of this regulation in Indonesia has triggered various interpretations related to the licensing of interfaith marriages. Article 2 Paragraph (1) of the Marriage Law explains that a marriage has a valid status if, "A marriage carried out according to religion and belief". The verse explains that the licensing of interfaith marriages adheres to the provisions of each religion. However, other regulations such as the Marriage Law and the Regulation of the Domestic Government of the Republic of Indonesia No. 108 of 2009 Article 50 Paragraph (3) state that there is a possibility that interfaith marriages can be carried out if they have been allowed by the court. Based on this, a study was conducted to clarify the legal consequences of registering interfaith marriages with the existence of Decision No. 916/Pdt.P/2022/PN. Sby. This research is a type of normative law research or normative juridical, with a statutory and conceptual approach. Based on research that has been carried out, the existence of the Population Administration Law and Domestic Government Regulation of the Republic of Indonesia No. 108 of 2009 makes the law of interfaith marriage clearly visible and so that it becomes legally valid and can be ratified through a District Court Determination and recorded at the authorized Population and Civil Registration Office. Then, this provision is also contained in the 1945 Constitution Article 28 B Paragraph (1)
KEABSAHAN CRYPTOCURRENCY PADA SARANA INVESTASI DI INDONESIA Ary Setiawan Prasetyo; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.175

Abstract

Cryptocurrency is an asset and as a digital currency that functions as a medium of exchange in digital transactions. Another function of Cryptocurrency apart from being a means of payment and currency is as an investment tool. In addition, cryptocurrencies can be used as a means of investment, this is due to the large demand for these assets. Cryptocurrencies that are growing so rapidly do not rule out the possibility of a crime, one of the crimes that occur in Cryptocurrency is taking investors' assets away by Cryptocurrency developers which causes investors to lose assets or commonly known as Rug Pull. For this reason, this study aims to analyze the legality of Cryptocurrency based on applicable regulations in Indonesia and also the legality of Cryptocurrency Exchanges in Indonesia. The type of research method used in this research is normative legal research by examining the laws and regulations in force in Indonesia, the opinions of scholars, and also legal theory by using a type of approach method through legislation and also a conceptual approach and by using collection techniques. legal materials through literature study using legal materials processing techniques by way of legal refinement to clarify the requirements of Cryptocurrency as a means of investment in Indonesia. After conducting the research, it can be concluded that to provide comfort to Cryptocurrency investors, an institution that functions as a supervisor is needed so that the purchased Crypto assets can be properly monitored and recorded so that investors can be legally protected
PERLINDUNGAN HUKUM KLIEN NOTARIS AKIBAT PENYALAHGUNAAN DATA PRIBADI OLEH FREELANCE Fahmi Nugraha; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.192

Abstract

Notary as a public official who is given authority by the government in terms of making authentic deeds and is responsible for making authentic deeds to guarantee legal certainty in carrying out an agreement. In carrying out its authority, a Notary requires the assistance of a workforce that can be called a Notary's employee or staff. Because a Notary must be careful in carrying out his services because the negligence, he makes can cause legal problems in the future so that the Notary can be confronted in court proceedings. However, apart from notary employees who work within the scope of the notary's own office, there are also freelancers who also assist the notary in completing the obligations and authorities as a notary. Not bound by work agreements with freelancers, it will be difficult for a notary to supervise freelancers in carrying out their duties. By bringing important documents of Notary clients, these freelancers are very easy to misuse them. In the current era of technological advances, personal data is vulnerable to misuse by only using the internet, even though personal data is true and real personal information and is inherent in a person. In this study, the authors use a type of normative legal research. Normative legal research is legal research conducted by examining literature or secondary data. The results of the study show that the legal relationship between a notary and a freelancer is the existence of a power of attorney given over the files delegated to the freelancer. In Article 1797 of the Civil law, it is also explained that the recipient of the power of attorney is not allowed to do something that goes beyond his power. He can only exercise the power given to complete an interest. For this reason, it can be noted that the granting of this power only covers management limits. The protection of notary clients due to misuse of personal data by freelancers is entirely the responsibility of the freelancers themselves because they have exceeded what has been authorized
PERLINDUNGAN HUKUM TERHADAP PERUBAHAN KLAUSULA BAKU SEWAKTU-WAKTU OLEH JASA LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI Gilang Putera Moertanto; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.213

Abstract

The purpose of this study is to find out the regulations for the presence of electronic lending services related to the inclusion of standard clauses by online loan service providers. In the 4.0 era, the rapid progress of information technology gave rise to an innovation that continues to grow, namely the formation of Fintech (Financial Technology) as a combination of information technology and financial services. This technology-based loan service is able to make it easy for people to access loan funds without going through conventional banks. With an agreement between the lender of funds borrower, an agreement will result in a loan agreement which is then referred to as a standard agreement. In this case, the standard agreement does not always benefit the parties who have agreed, but a lot is borne by the consumer. The results of the study show that the regulation of standard clauses related to online lending and borrowing services in the Consumer Protection Act is regulated in Article 18. In addition, in the provisions of the OJK do not explicitly regulate due to the inclusion of a standard clause, so that the rule of law is needed to accommodate these business activities. With the presence of this Consumer Protection Act, it is hoped that it will be able to protect consumer rights so that business actors cannot be arbitrary so as not to cause harm