Consumer Protection in the Retail and Financial Services Sectors against the Practice of Exoneration Clauses

Anggraini‬, Anna Maria Tri; Simanjuntak, Megawati; Safari, Arief; Halim, Rizal Edy; Riyadi, Slamet

doi:10.29244/jcs.7.2.83-96

Cited by 4 publications

(2 citation statements)

References 20 publications

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“…The provisions of the agreement in the KUHPer can be said to be more progressive than the provisions of the agreement in the RD Law. The Code specifically states that agreements must not contradict the law where the law here is broadly defined not only as positive law, but also includes customary law as well as propriety values that develop in society(Anna Maria Tri Anggraini et al, 2022). In the construction of the Code, an agreement that does not contradict positive law is not necessarily a legally valid agreement, but it must also be seen whether the susbtansi of the agreement is contrary to customary law as well as the value of propriety that develops in society or not.…”

Section: The Legal Construction Of Violation Of Adequacy As a Form Of...mentioning

confidence: 99%

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction

Suhardin,

Khuan,

Suryadi

et al. 2023

J.D.Hk.

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Trade secret is one of the intellectual property that must be protected. This relates to the existence of a company whose economic activities are based on trade secrets. Problems related to trade secrets are trade secret violations which are only formulated as violations of positive law provisions. In fact, in the era of modern business development there is a potential for violations of trade secrets that have not been accommodated by positive law. This study aims to analyze as well as construct aspects of a violation of decency as a form of violation of trade secrets. This research is a normative legal research that uses a concept, case, and statutory approach. The results of the study confirm that the orientation of a violation of decency as a form of trade secret violation can be carried out through extensive interpretation related to expanding the meaning of "laws and regulations" which has a broader meaning, namely "in accordance with legal provisions". There are two orientations of legal construction, namely short term and long term. The orientation of short-term legal construction is carried out by expanding the meaning of violating trade secrets not only contrary to positive law, but also including violations of decency that develop in society. The long-term orientation is that it is necessary to revise the provisions of trade secret law in order to keep abreast of developments in the growing business world.

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Section: The Legal Construction Of Violation Of Adequacy As a Form Of...mentioning

confidence: 99%

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction

Suhardin,

Khuan,

Suryadi

et al. 2023

J.D.Hk.

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“…Third, the exoneration clause has the potential to "close" various legal remedies and steps to restore rights that were reduced by one party against another party. In this context, exoneration clauses have the potential to become "tools of power" for parties with higher positions (Anna Maria Tri Anggraini et al, 2022).…”

Section: A the Principle Of Proportionality Related To The Exoneratio...mentioning

confidence: 99%

The Exoneration Clauses in Parking Practices: A Review From the Principle of Proportionality and Inclusive Law

Simbolon

Kurniawan

2023

JCH

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This research focuses on the analysis of exoneration clauses in parking practices from the perspective of proportionality and inclusive law perspectives. This research is a normative legal research with a concept, case, and statutory approach. The results of the study confirm that exoneration clauses in parking practices are usually not in accordance with the principle of proportionality because they ignore the substance in various court decisions where one of the substances is the exoneration clause should not be a means to "escape" from the responsibility of the parking manager because as stated in MA Decision No. 3416/Pdt/1985 parking practices are constructed as goods safekeeping agreements and the existence of an exoneration clause does not eliminate the responsibility of the parking manager to safeguard the goods deposited as long as it can be proven without any intention or negligence by the parking manager. Therefore, in the future the principle of proportionality can serve as a guide as well as a tester for the substance of the exoneration clause in parking practices. Furthermore, an inclusive legal perspective with regard to exoneration clauses in parking practices, in fact, exoneration clauses in parking practices is contrary to the spirit of prophetic law which emphasizes balanced legal relations and relations between parking managers and parking users as consumers. For this reason, to overcome the existence of an exoneration clause in parking practices is to involve the role of the regions in formulating a Regional Regulation which states that the exoneration clause in parking practices with the substance of business actors, namely the parking manager, is not responsible for losses suffered by consumers, namely parking users, is null and void by law. and can be accompanied as in the provisions of the PK Law.

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Consumer Protection Regarding Health Information and Warnings on Tobacco Cigarette Packaging

Anggraini,

Purnamasari,

Sabirin

et al. 2024

JCS

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Indonesia is one of the countries that has a cigarette community, it becomes a problem when the packaging on cigarettes does not provide accurate information, this certainly blames consumer protection. This study aims to delineate consumer protection measures regarding tobacco cigarette circulation without providing accurate information. Conducted in a normative framework. The findings suggest that legal protection for cigarette consumers who receive unclear or inaccurate information on cigarette product packaging can encompass preventive and repressive legal measures. Preventive measures are outlined in PP No. 109 of 2012 and PERMENKES No. 28 of 2013, specifically in Article 4 sub-articles c and i. Conversely, repressive measures enable individuals to file complaints with the Consumer Dispute Settlement Agency (known as BPSK) or initiate lawsuits. Furthermore, the responsibility of business actors to provide accurate information is underscored by Decision Number 32/Pid.B/2021/Pt. Pbr. This responsibility extends not only to distributors but also to cigarette manufacturers, such as PT. Leadon International, found in violation of various regulations, including Article 8 paragraph (1) sub-paragraphs a I, and j of the Godrej Consumer Products Limited (GCPL), in conjunction with Article 14 of Government Regulation Number 109 of 2012, and Article 10 paragraph (2) sub-paragraph a and paragraph (3) of PERMENKES No.28 of 2013. Sanctions for producers should adhere to Article 19, in conjunction with Article 62 paragraph (1) of the GCPL. At the same time, distributors face reprimands for product withdrawals as stipulated in Article 60 paragraph (3) of PP No. 109 of 2012.

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Consumer Protection in the Retail and Financial Services Sectors against the Practice of Exoneration Clauses

Cited by 4 publications

References 20 publications

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction

The Exoneration Clauses in Parking Practices: A Review From the Principle of Proportionality and Inclusive Law

Consumer Protection Regarding Health Information and Warnings on Tobacco Cigarette Packaging

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