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Journal articles on the topic 'Consumer law'
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1
Maswandi, Maswandi. "Halal food in the perspective of Consumer Law Protection." International Asia Of Law and Money Laundering (IAML) 3, no. 1 (March 22, 2024): 10–16. http://dx.doi.org/10.59712/iaml.v3i1.78.
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Indonesia is a muslim majority country in the world. As Muslims, it is mandatory to comply with religious prohibitions that must be obeyed, namely by not consuming food and drinks (food) that are made/have kandungantidak halal. Several laws, namely: Consumer Protection Law, Health Law, Food Law and Halal Product Guarantee Law(UUJPH)are a form of legal protection for halal food products that can provide guarantees for consumption by Indonesian muslim communities.This paper is a descriptive qualitative that seeks to provide an overview of the problems of regulation of halal food products in relation to consumer protection and legal protection of consumers in consuming halal food products. The results of this study that the regulation of halal food products for companies or business actors who will trade their products in Indonesia based on Uujphif associated with consumer protection has provided legal certainty for the consumer community (Muslims) to consume halal food, namely with Halal Certification Marks and Halal labels. Likewise, several laws and regulations concerning halal food products that have been enacted provide legal protection for consumers in consuming food and drinks. Consumers must get information, safety and security of a food product that will be consumed in accordance with their choices.
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Bintoro, Kusumo Wahyu, Budi Santoso, and Joko Setiyono. "Juridic Review Consumer Protection Perspective of Copyright Law (Omnibus Law) and Consumer Protection Law." International Journal of Law and Politics Studies 4, no. 2 (November 24, 2022): 74–85. http://dx.doi.org/10.32996/ijlps.2022.4.2.9.
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This study aims to analyze the juridical review of consumer protection from the perspective of the Job Creation Act and how the effectiveness of existing dispute resolutions resolves these problems. Technological developments change the order of values and human life, one of which is economic development. The need for a law that can guarantee the rights of the parties, especially the protection of consumers, is increasing rapidly along with increasingly complex problems. However, the regulation of the Job Creation Law which regulates consumer protection, is not yet able to protect consumers. The research method used is normative juridical with descriptive research specifications. Data collection is carried out through documentary studies and literature studies, and data analysis is carried out qualitatively through deductive reasoning analysis. UUPK, as a regulation that specifically regulates consumer protection, was issued in 1999 before the creation of the job creation law. The results of this study are to protect consumers from business actors who intentionally commit fraud; the government establishes an agency to protect consumers and recognizes non-government consumer protection institutions. Besides that, for consumers to make efforts to get their rights, consumers try to get them through general courts or dispute resolution outside the court. The government places more emphasis on efforts that were originally able to protect the rights and obligations of economic actors (consumers, producers, and distributors).
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Syam, Misnar, Ismansyah Ismansyah, Busyra Azheri, and Muhammad Hasbi. "Consumer protection enforcement law characteristics on civil law aspects in Indonesia." Linguistics and Culture Review 5, S2 (December 13, 2021): 1471–81. http://dx.doi.org/10.21744/lingcure.v5ns2.1976.
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Law enforcement on consumer protection reflects the norms or rules of consumer protection law that apply in the community to be obeyed. The use of law enforcement instruments in consumer protection is a civil lawsuit that can be made by consumers, either individually or in groups, non-governmental organizations and the government. Consumer protection is something that is very important, because basically all humans are consumers. This consumer protection has been regulated in Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK). The purpose of this law is to balance the rights and obligations of consumers and actors so as to provide protection to both parties, even though the interests of consumers and business actors are different. This difference in interests can trigger disputes between consumers and business actors. This consumer protection law enforcement can be done in court or out of court. Law enforcement on consumer protection is currently weak and tends to weaken. This can be seen from the number of complaints, complaints and consumer disputes submitted through social media, the voices of readers and those that go to BPSK, BPKN, LPKSM and YLKI, but very few get to the court process.
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Sobczak, André. "Corporate social responsibility: from labour law to consumer law." Transfer: European Review of Labour and Research 10, no. 3 (August 2004): 401–15. http://dx.doi.org/10.1177/102425890401000307.
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Corporate social responsibility (CRS) modifies the balance between different branches of law. Indeed, CSR instruments are indicative of the inroads made by commercial and consumer law into the field of labour relations. This paper argues that this shift from labour law to consumer law is not neutral and has more than a purely theoretical impact. It means not only that the existing law is more likely to protect consumers (in Europe or North America) than workers (in developing countries). It may lead to conflicts of interest between the company's different stakeholders, especially between workers and consumers, and also to a selective form of labour regulation, since consumer pressure affects only some companies and some social rights while neglecting others.
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Rahmadhani, Desta Adinda, and Sakirman . "PERLINDUNGAN HAK KONSUMEN TERHADAP MARAKNYA MONOPOLI BISNIS." Siyasah Jurnal Hukum Tatanegara 2, no. 1 (June 23, 2022): 13. http://dx.doi.org/10.32332/siyasah.v2i1.5114.
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In every company, consumer trust is a top priority. The Consumer Protection Law is one of the important things that must be known, so that in the future we will not be deceived or feel harmed by an item or thing that is purchased and consumed.
To protect consumers from fraudulent competition, consumers need to get legal protection. Legal protection that can be provided are: preventive legal protection and repressive legal protection. The purpose of this paper is to determine the form of legal protection for consumers due to unfair competition. The conclusion obtained is that the form of preventive legal protection has been established by the government, namely with the establishment of Law Number 8 of 1999 concerning Consumer Protection and forms of repressive legal protection, carried out by litigation and non-litigation. Litigation settlement is carried out in court and non-litigation with the National Consumer Protection Agency, Non-Governmental Consumer Protection Agency, and Consumer Dispute Settlement Agency.
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Musataklima, Musataklima, M. Syamsudin, and Adi Sulistiyono. "Konstitusionalisasi Perlindungan Konsumen Perspektif Hukum Hak Asasi Manusia dan Hukum Profetik Islam." Jurnal HAM 14, no. 2 (August 31, 2023): 137. http://dx.doi.org/10.30641/ham.2023.14.137-154.
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People are ipso facto consumers. People, as consumers, have rights that must be protected by law. As human beings, consumers have rights that must be protected, respected, fulfilled, and advanced by the state. However, current consumer protection could be more effective and stronger, as evidenced by many consumer complaints to the National Consumer Protection Agency. (BPKN). This is also due to the weak legal instruments of consumer protection that need to be burned into the country’s constitution. Based on this, the study aims to analyze the urgency of constitutionalizing consumer protection from the perspective of human rights and prophetic Islamic law. The research method used is the study of doctrinal law with conceptual and legislative approaches. The data used is secondary data, i.e., primary, secondary, and tertiary legal materials obtained through the study of libraries and online searching (internet searching), surfing, and downloading, and subsequently analysed qualitatively. As for the results of this study, the first constitutionalization of consumer protection from a human rights perspective can guarantee the fulfillment of the right to life as a fundamental human right and can be an instrumentation of the fulfillment of a right to a decent and safe standard of living to be consumed. Second, from the perspective of prophetic law, the constitutionalization of protection can empower public authorities to fulfill, respect, implement, and enforce consumer protection, thus realizing the liberation and humanization of consumers from unfair and fraudulent trade.
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Reyna, Agustin, Natali Helberger, and Frederik Zuiderveen Borgesius. "The perfect match?a closer look at the relationship between eu consumer law and data protection law." Common Market Law Review 54, Issue 5 (October 1, 2017): 1427–65. http://dx.doi.org/10.54648/cola2017118.
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In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.
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Robertson, Viktoria H. S. E. "Consumer Welfare in Financial Services: A View from EU Competition Law." Yearbook of Antitrust and Regulatory Studies 11, no. 17 (2018): 29–52. http://dx.doi.org/10.7172/1689-9024.yars.2018.11.17.2.
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The paper analyses to what extent financial consumer protection forms part of the competition law objective of consumer welfare that EU competition law nowadays adheres to. It argues that while EU consumer law more generally aims at protecting the final consumer, EU financial consumer protection instruments often protect a broader spectrum of customers. This wider notion of the consumer can also be found in EU competition law, where the consumer is usually likened to any customer. A notable difference between EU financial consumer protection and EU competition law, however, is that they place a different emphasis on structural goals and inherently individual components. In EU competition law, the structural protection of competition is thought to eventually protect consumers. By uniting individual and structural aspects of consumer welfare, as well as by combining reactive and proactive consumer protection, EU competition law and EU financial consumer protection law can together achieve a financial protection of consumers that naturally goes beyond what each area of the law could achieve alone. A stringent approach, however, would require the development of a comprehensive EU financial consumer law which includes both dimensions.
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Doris Rahmat and Santoso Budi NU. "Socialization of consumer protection against products that harming society." World Journal of Advanced Research and Reviews 15, no. 1 (July 30, 2022): 262–66. http://dx.doi.org/10.30574/wjarr.2022.15.1.0519.
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Despite the fact that the consumer protection law number 8 of 1999 has been issued on consumer protection, which guarantees the rights of consumers. Sometimes ignored by business actors and sadly consumers also act indifferently in fighting for the rights that must be obtained by consumers who have been protected by law. In Consumer Protection Act Article 29 paragraph 1 of Law No. 8 of 1999 concerning consumer protection it is stated that "the government is responsible for fostering the implementation of consumer protection which guarantees the acquisition of consumer rights and business actors as well as the implementation of the obligations of consumers and business actors.
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Nabi, Mohammed Irshadun, and Mohammed Kamalun Nabi. "Consumer Protection: Policy and Law in India." Studies in Social Science Research 1, no. 1 (May 21, 2020): p39. http://dx.doi.org/10.22158/sssr.v1n1p39.
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Consumer Protection Policy creates an environment where consumers receive satisfaction from the goods or services availed by them. One of the disquieting features of consumerism is that an average consumer continues to suffer due to poverty, illiteracy, ignorance or general apathy. Adulterated food, spurious medicines and substandard domestic appliances etc., are pushed over the counter with ease. Glossy and unethical advertisements are published in the print and electronic media with intent to allure and dupe gullible consumers. So, it becomes imperative for the State to initiate steps for safeguarding the interest of consumers by enacting suitable legislations. The present study is a modest attempt at ascertaining the need for consumer protection, identification of factors responsible for exploitation of consumers, and the role law can play in protecting consumer rights visa-a-vis the vendors and in striking a balance between the interests of the two.
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Sofiani, Triana. "Membangun Kesadaran Hukum Konsumen Muslim Terhadap Produk Berlabel Halal Di Era Masyarakat Ekonomi Asean." Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 2, no. 2 (February 5, 2018): 189–202. http://dx.doi.org/10.22515/alahkam.v2i2.1070.
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This paper is the result of research with located in the city of Pekalongan, which aims to explore legal awareness and efforts to build awareness of Muslim consumers against halal labeled products. The research method are empirical juridical, with qualitative approach. The data collection technique using observation, interviews and literary studies. Techniques to check the validity of data, using triangulation and analysis using an interactive model. The result of research shows that, the law awarness of Muslim consumer , for middle-lower Muslim consumer, the level of law awareness are still at the level of knowledge. But for middle-upper Muslim consumers, have knowledge and understanding about law and policy of halal product, so their attitude and behavior when buying or consuming a product have considered the there or no of halal labels listed in the product, even knowing about the validity of halal certification of the products which will be purchased and consumed. Factors that affect the Muslim consumer's law awareness of halal products, among others: education, economics, religion (religiosity) and social culture. Efforts to build law awareness of Muslim consumer are through education, for example with socialization and campaign about halal products and legal foundations, so as to create a consumer society are smart and conscious of halal, to confront of MEA era.
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Durovic, M. "International Consumer Law: What Is It All About?" Journal of Consumer Policy 43, no. 1 (December 21, 2019): 125–43. http://dx.doi.org/10.1007/s10603-019-09438-9.
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AbstractIncreasing effort has been invested in the internationalization of consumer law. Some of the recent huge global consumer law–related scandals (e.g., Dieselgate, Facebook) demonstrate the rising relevance of and the need for international consumer law. This paper argues that the efforts towards the internationalization of consumer law should focus, first, on the establishment of globally accepted minimum standards of consumer protection (as it has been done through the United Nations Guidelines on Consumer Protection) and, second, on the development and facilitation of cooperation as a necessary prerequisite for the efficient protection of consumers (as it has been initiated by the International Consumer Protection and Enforcement Network), rather than on the harmonization of substantive consumer law. This is not only because coordination among diverse countries in the area of consumer protection is easier to achieve in practice through a policy approach rather than substantive harmonization, but also because coordination in practice is an instrument that, as it stands now, is capable of providing a higher level of protection to consumers than substantive harmonization.
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Wijayanti, Sita Adelia Jatu, and Akhmad Budi Cahyono. "Consumer Representative Actions in the Financial Sector." Nagari Law Review 7, no. 1 (August 31, 2023): 1. http://dx.doi.org/10.25077/nalrev.v.7.i.1.p.1-13.2023.
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The presence of a non-governmental consumer protection organization plays a vital role in assisting consumers whose position tends to be weak and overseeing the implementation of bank executions so that they are carried out fairly. The organization can also represent a broad group of consumers to appear before the court for consumer protection. This study analyzes the legal protection of consumers based on the omnibus financial law of the Financial Sector Development and Strengthening Law and the Consumer Protection Law as well as the role of non-governmental consumer protection institutions in providing advocacy and consultation to consumers in the financial services sector. This study also addresses the legal standing of nongovernmental consumer protection organizations in court. This study aims to provide an analysis of consumer protection in the financial services sector and the role of nongovernmental consumer protection organizations in their involvement in consumer disputes in the financial services sector. The results of the research are based on case studies, that there are still lawsuits filed by non-governmental consumer protection organizations on behalf of consumers in the financial services sector that do not meet the requirements as stipulated in the Law.
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Marlan, Dustin. "Is the Word "Consumer" Biasing Trademark Law?" Texas A&M Law Review 8, no. 2 (February 2021): 367–402. http://dx.doi.org/10.37419/lr.v8.i2.4.
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Our trademark law uses the term “consumer” constantly, reflexively, and unconsciously to label the subject of its purpose—the purchasing public. According to the U.S. Supreme Court, trademark law has “a specialized mission: to help consumers identify goods and services they wish to purchase, as well as those they want to avoid.” As one leading commentator puts it, “trademarks are a property of consumers’ minds,” and “the consumer, we are led to believe, is the measure of all things in trademark law.” Much criticism has been rightly levied against trademark law’s treatment of the consumer as passive, ignorant, and gullible. For instance, consumers are seen as requiring protection from any and all marketplace confusion and have no standing to sue under the Lanham Act. However, that a contributing factor to such treatment could be the linguistic bias stemming from the law’s label of the buying public as mere consumers—rather than, for instance, “citizens,” “persons,” “individuals,” or “humans”—has not, until now, been directly addressed. This Article urges those involved in trademark and advertising law—e.g., judges, lawyers, lawmakers, and scholars—to rethink our ubiquitous use of the derogatory consumer label. To this end, the Article first explores “consumer” as a dehumanizing, anti-ecological, and nonsensical metaphor for “one that utilizes economic goods.” It then examines social psychology experiments finding that use of “consumer” has potentially deleterious effects for society given the negative stereotypes that it engenders as a social categorization. The Article claims, by extension, that the implicit linguistic bias inherent in consumer rhetoric might contribute to trademark law defining the public in a manner that is patronizing, biased, insulting, and indulgent of likelihood-of- confusion claims. The Article suggests that we either work to phase out the “consumer” label and replace it with more appropriate terminology (e.g., “citizen”), or at least pause to acknowledge the word’s potentially biasing effects.
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Huwaida, Nisrina, and Reni Budi Setianingrum. "Penegakan Hukum Jasa Titip (Jastip) Tiket Konser Melalui Website Ilegal Dalam Perspektif Hukum Perlindungan Konsumen." JURNAL HUKUM PELITA 5, no. 1 (May 31, 2024): 52–60. http://dx.doi.org/10.37366/jh.v5i1.3449.
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Law enforcement related to concert ticket entrustment services through illegal websites in the perspective of consumer protection law is an important issue in the realm of consumer law. Cases of fraud in the sale of illegal concert ticketing services are being investigated by the authorities, and criminal sanctions can be given to the business actors involved. Legal protection for consumers who have been harmed is also regulated in Law Number 8 of 1999 concerning Consumer Protection, which provides legal consequences for business actors who do not fulfill their obligations, including fines and penalties. In addition, legal protection of consumers also involves coordination with relevant agencies, the delivery of information to increase consumer awareness, and consumer support in fighting for their rights. Therefore, law enforcement in the case of illegal concert ticketing services through the website involves criminal sanctions, legal protection of consumers, and efforts to increase consumer awareness
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Al Sharu, Ahmad Ibrahim, Fauziah Binti Mohd Noor, and Rohana Binti Abdul Rahman. "Protection from Misleading Advertisement under the Jordan Civil Law 1976 and the Draft Law of Consumer Protection 20." ABC Research Alert 7, no. 1 (April 30, 2019): Malaysia. http://dx.doi.org/10.18034/ra.v7i1.254.
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Commercial advertisements play a crucial role in identifying features and specifications of goods and products. However, misleading advertising has become one of main forms unfair practise customers/ consumers. Jordan considered as one of the countries that does not have rules and provisions that regulate the consumer protection specifically misleading advertisements. This paper discussed about the Jordanian laws in protecting the consumer from misleading advertisements. The objective of the article to examine how the Jordanian provisions by the Civil law 1976 and the Jordanian Draft law of Consumer Protection 2013 protect consumers from misleading advertisements in Jordan. This paper has examined the subject of consumer protection in misleading advertisement and the provisions available in Jordan as protection to consumers from misleading advertisements. In order to achieve this purpose, the existing rules and laws, facts, principles, concepts and the law provisions has been examined and analyzed.
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Koos, Stefan. "Consistency and Law Comparison in Consumer Protection Law Design in the Light of the Socially Responsible Market Economy Approach." Indonesian Journal of Economics, Social, and Humanities 3, no. 2 (August 13, 2021): 97–104. http://dx.doi.org/10.31258/ijesh.3.2.97-104.
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Social justice is an essential issue in the development of Indonesian law of the 21st century. Consumer protection is an aspect of social justice because it maintains "equality of arms" between suppliers and consumers. The more technological developments are integrated into social life and thus also into the business competition process, the greater the importance of consumer protection becomes, because the use of disruptive technologies, for example artificial intelligence, can shift the balance between providers and consumers in favour of economically strong providers. This will lead to the need to redefine the position of consumer protection in the Indonesian legal system. Law No. 8/1999 on Consumer Protection in its current form follows a rather ambiguous systematic approach by not clearly distinguishing between individual and social-functional protection purposes of consumer protection. The article argues for creating the methodological framework for a possible revision of the Indonesian consumer protection law with a strong integration of cultural-empirical and scientific-systematic viewpoints.
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Venegas, Vladimir Bastidas. "Consumer Inertia, the New Economy and EU Competition Law." Market and Competition Law Review 2, no. 1 (April 1, 2018): 47–53. http://dx.doi.org/10.7559/mclawreview.2018.332.
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Services and goods in the new economy, such as social media platforms and applications, are often offered to end-consumers for “free”. This may cause problems for the application of traditional antitrust doctrines, such as tying or other forms of leveraging, which normally have been applied to products and services offered at a price. As illustrated by the Microsoft I decision (Windows Media Player), it is not self-evident that the bundling of an application with an operating system results in coercion, the pressure to consume the “tied” product, if consumers have a de facto possibility to download competing products for free. Moreover, the availability of competing products for free may also affect the long-term effects in the market, as both the existing customer base and new customers may easily shift their consumption, which decreases potential “lock-in” effects. This propensity and capability of customers to choose products or services other than the predefined “default” option, e.g. by being included in a bundle, was also relevant in the recent Google decision (Shopping), which concerned the company’s preferential placement of its own advertising messages in internet searches. In both Microsoft I and the Google decision, it was found that consumers were unable to choose products and services other than the default option, so-called consumer inertia. Consumer inertia has been explained both by the traditional law and economics literature and behavioural economics with switching costs, information costs and the status quo bias. Accordingly, this article explores the concept of consumer inertia in the light of the law and economics literature, in particular behavioural economics, to determine the factors which are relevant for establishing the presence of consumer inertia in individual antitrust cases concerning the new economy. Moreover, the article evaluates to what extent the use of consumer inertia in cases from the Union courts and the Commission is consistent with economic theory.
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Saly, Jeane Neltje, Silvia Cahyadi, Mishael Joshua, and Maurend Benaya Immanuel S. "Juridical Analysis of Liability for Compensation by Business Actors for Default Actions as an Effort to Protect Consumers." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (December 1, 2023): 962–69. http://dx.doi.org/10.57235/qistina.v2i2.842.
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According to Article 1 of Law Number 8 of 1999 concerning Consumer Protection, consumers are defined as individuals who use goods and services available in society for personal, family, other people or other living things, not for trading. Consumer protection involves aspects of legal protection provided to consumers to avoid losses that may arise as a result of using goods and services. Therefore, consumer protection laws regulate how consumer rights are protected and how these regulations are enforced through state administrative law, criminal law, and civil law, so that consumer rights are fulfilled and goods and services received from business actors can be fully protected. The responsibility of business actors for consumer losses is to provide compensation for damage, pollution or losses suffered by consumers due to the use of goods and services produced or traded by these business actors.
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Yaurwarin, Wahid. "Perlindungan Hukum Terhadap Konsumen Pembeli Makanan Berbuka Puasa yang Mengandung Bahan Pengawet dan Bahan Pemanis Buatan (Kajian UU No. 8 Tahun 1999)." PUBLIC POLICY (Jurnal Aplikasi Kebijakan Publik & Bisnis) 1, no. 1 (February 15, 2020): 35–46. http://dx.doi.org/10.51135/publicpolicy.v1.i1.p35-46.
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Abstrak
Law No. 8 of 1999 concerning consumer protection, in Article 1 paragraph 1 explains that consumer protection is any effort that guarantees legal certainty to provide protection to consumers. And one form of protection for consumers, in accordance with Law No. 8 of 1999 this form of Consumer Protection, is the protection of consumer safety in consuming food and drinks containing preservatives and artificial sweeteners. The purpose of this paper is the author wants to inform the public, especially consumers who usually buy food and drinks during the fasting month or friendly month and to break the fast, that there are legal regulations that protect their rights as consumers namely Law Number 8 of 1999. This research uses a normative juridical approach, based on statute (statute aproach), specifically Law Number 8 of 1999 concerning Consumer Protection, which is research focused on examining the application of rules or norms in positive law.
The conclusion of this paper is that with the birth of Law No. 8 of 1999 concerning Consumer Protection, it is an attempt by the government to provide protection to consumers based on the existence of a number of consumer rights that need to be protected from actions that might be detrimental to other parties. These rights are fundamental and universal in nature so they need to get guarantees from the State for their fulfillment.
Keywords: Legal Protection, Consumer Food Buyer
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Jarnawansyah, Muhammad, and Reza Muhammad Rizqi. "Consumer Legal Protection Reviewed from Consumer Protection Law in Consumer Dispute Settlement through Litigation." International Journal of Research and Review 9, no. 1 (January 11, 2022): 161–66. http://dx.doi.org/10.52403/ijrr.20220121.
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There is a law called Law Number 8 of 1999 that deals with consumer protection. It says that disputes between consumers and business people can be settled through both litigation and non-litigation channels and that both types of channels can be used to do this. Using the courts to settle consumer disputes is a way to do this. This type of dispute resolution refers to the rules for general courts. So that consumers need to get help from the law to get their rights as consumers. Consumer protection is becoming more and more important as science and technology move faster and faster. This is because the speed of science and technology is what drives the productivity and efficiency of producers for the goods or services they make in order to reach their business goals. As a result of this, either directly or indirectly, the Consumers are the ones who feel the effects of these two things the most. In this case, the consumer protection law says that businesses must give legal protection to their customers, so this shows that businesses must do this. And legal remedies for resolving disputes between customers and business people in the event of a dispute can be used both in court and out of court. In order for a dispute to be resolved through litigation, one party has filed a lawsuit against the other party. However, non-litigation dispute resolution can be done in a number of ways, such as through negotiation, consolidation, mediation, arbitration, and so on. Keywords: Legal Protection, Consumers, Consumer Disputes, Litigation, Laws.
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Scott, Colin. "Consumer Law, Enforcement and the New Deal for Consumers." European Review of Private Law 27, Issue 6 (December 1, 2019): 1279–96. http://dx.doi.org/10.54648/erpl2019071.
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A key trend for consumer law and policy in Europe has been the progressive expansion of consumer rights. It has long been recognized that the vindication of consumer rights is challenging. The expansion of consumer rights from the 1960s was accompanied by the establishment of proactive regulatory agencies whose enforcement powers complement and to some degree displace mechanisms of individual consumer enforcement. In April 2018 the European Commission proposed extensive reforms of consumer law and policy in its New Deal for Consumers, a key component of which is a further significant shift away from judicial enforcement. This trend is balanced by new proposals to enhance opportunities for collective consumer redress. In this article I offer an assessment of where we are today with the varied mechanisms and trends for enforcement of consumer law and where we are heading, not simply with the New Deal for Consumers, but also with related policies such as the Digital Single Market Strategy. Overall the pattern suggests a number of key trends including: a shift from reactive to more proactive modes of enforcement; from individuated to more collective modes; more evidence of meta-regulatory approaches, and; greater cooperation in enforcement (both public private and transnational). These trends are not necessarily consistent as between each other, generating potential for tensions between approaches and underlying assumptions about both purposes and effectiveness in consumer law and policy. Consumer Law, Enforcement, European Union
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Suyadi, Suyadi, Wiwik Yuni Hastuti, Sulistyandari Sulistyandari, Muksinun Muksinun, and Sukirman Sukirman. "Perlindungan Hukum terhadap Konsumen oleh Perusahaan Pembiayaan Berdasarkan Undang-Undang Nomor 8 tahun 1999 Tentang Perlindungan Konsumen." Kosmik Hukum 22, no. 3 (September 29, 2022): 205. http://dx.doi.org/10.30595/kosmikhukum.v22i3.13142.
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AbstractThis research is entitled “Legal Protection of Consumers by Financing Companies Based on Law Number 8 of 1999 concerning Consumer Protection. The problem studied in this research is the legal protection for consumers by finance companies based on Law Number 8 of 1999 concerning Consumer Protection. The research method in this study uses a normative juridical approach. The results of the study were analyzed using a qualitative normative analysis method. The study results show that consumers have their rights protected, especially in Article 4 letters g and h of Law Number 8 of 1999 concerning Consumer Protection. This study concludes that business actors based on the decision of the Consumer Dispute Settlement Body Assembly to carry out the obligations as stipulated in Article 7 letter (a) of Law Number 8 of 1999 concerning Consumer Protection which determines the responsibilities of business actors. In this case, are Financing Companies must have good intentions in carrying out their business activities and implementing Article 19 of Law Number 8 of 1999 concerning Consumer Protection.Keywords: Legal Protection, Consumer Protection, Financing Company
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SHERSTOBITOV, ANDREI E. "CONSUMER LAW IN THE SYSTEM OF MODERN RUSSIAN LAW AND LEGISLATION." Ser-11_2023-3 64, no. 3, 2023 (September 18, 2023): 128–44. http://dx.doi.org/10.55959/msu0130-0113-11-64-3-9.
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The article is devoted to determining the place of consumer law in the system of Russian law and in the system of Russian legislation. Having formed in Russian civil law initially as a functional institution of civil law protection of consumer rights, it later, together with the norms of branches of public law, forms an intersectoral institute of Russian law, and under the influence of codified civil legislation, especially due to the reform of the Civil Code of the Russian Federation, as well as the improvement of legislation on consumer protection and the practice of its application, occupies the place of a functional sub-branch in the structure of modern civil law. For more than thirty years, consumer law has also been formed as a complex branch of legislation, including normative acts containing norms of various branches of Russian law. Consumer law (consumer protection legislation) is characterized by a number of features (it includes numerous regulations of various hierarchical levels and combines legal regulation contained in codified civil legislation and special acts on consumer protection). This, on the one hand, seems to be a very progressive phenomenon, since the civil law regulation of contractual relations with the participation of consumers is elevated to the level of the Civil Code of the Russian Federation, and, on the other hand, this is done in part two of the Civil Code of the Russian Federation, as well as in certain federal laws, is often inconsistent or insufficiently successful.
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Riefa, Christine, and Mateja Durovic. "Serbian Consumer Law." Maastricht Journal of European and Comparative Law 22, no. 6 (December 2015): 862–78. http://dx.doi.org/10.1177/1023263x1502200605.
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Wilson, Therese, and Nicola Howell. "Contemporary Consumer Law." Griffith Law Review 15, no. 2 (January 2006): 239–41. http://dx.doi.org/10.1080/10383441.2006.10854573.
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Piers, Maud. "Consumer Arbitration and European Private Law: A Seminal Consumer Arbitration Model Law for Europe." European Review of Private Law 21, Issue 1 (January 1, 2013): 247–88. http://dx.doi.org/10.54648/erpl2013008.
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Abstract: This article explores the way in which consumers could best resolve their disputes through arbitration. It focuses on arbitration and looks at how this works - or should work - within the legislative framework of the European Union. The essence of the consumer arbitration problem in Europe is that the existing arbitration laws (sensu latu) are aimed at regulating disputes between businesses. Consumer arbitration is generally not subject to a distinct set of rules. Most European Member States tend to ignore such distinctions in their legislation. Some have adopted specific rules regarding the consumer arbitration agreement. Oftentimes the same laws apply to both types of arbitration procedures. Consumer arbitration, however, serves a different purpose and has a different dynamic than business-to-business arbitration. This article departs from the basic assumption that also with regard to arbitration, rules that are tailored to the needs of Business-to- Business (828) relationships may not necessarily produce satisfactory results for the parties in a consumer arbitration. The aim of the proposed research is to draft a set of legal rules that delineates a workable and legitimate consumer arbitration in Europe that is sufficiently attuned to the standards of consumer protection required by the European Union legislation.
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Lech, Franciszek, and Mateja Durovic. "A Consumer Law Perspective on the Commercialization of Data." European Review of Private Law 29, Issue 5 (October 1, 2021): 701–32. http://dx.doi.org/10.54648/erpl2021038.
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Commercialization of consumers’ personal data in the digital economy poses serious, both conceptual and practical, challenges to the traditional approach of European Union (EU) Consumer Law. This article argues that mass-spread, automated, algorithmic decision-making casts doubt on the foundational paradigm of EU consumer law: consent and autonomy. Moreover, it poses threats of discrimination and undermining of consumer privacy. It is argued that the recent legislative reaction by the EU Commission, in the form of the ‘New Deal for Consumers’, was a step in the right direction, but fell short due to its continued reliance on consent, autonomy and failure to adequately protect consumers from indirect discrimination. It is posited that a focus on creating a contracting landscape where the consumer may be properly informed in material respects is required, which in turn necessitates blending the approaches of competition, consumer protection and data protection laws.
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Pattipawae, Dezonda R. "TANGGUNG JAWAB PRODUSEN DI BIDANG PANGAN TERHADAP KONSUMEN." Perspektif Hukum 17, no. 2 (November 6, 2017): 263. http://dx.doi.org/10.30649/phj.v17i2.177.
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Abstract : Practically consumer protection is one of the legal developments which are part of national development. The key point of the issue of consumer protection is that consumers and producers (product distributor or employers) need each other. Production is meaningless if nobody mengkonsumsikannya and products are consumed safely and satisfactorily, in turn, is free promotion for employers. rule of law is very important in order to protect consumers. In sustaining the economy of consumers occupy an important position, but ironically as one of the economic actors are very weak position of the consumer in terms of legal protection. In Indonesia, consumers who had been in a weak position impression of only being an object businesses promotion tips, as well as the sale of a very expansive way. Weak consumer's position caused partly still low awareness and consumer education in Indonesia
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Pokrzywniak, Jakub. "Consumer protection under Polish private law." Pravovedenie 65, no. 2 (2021): 236–47. http://dx.doi.org/10.21638/spbu25.2021.207.
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This article discusses the provisions of Polish private law that grants protection to consumers. Particular attention is paid to contract law, but the impact of public law regulations for the provisions of civil law is also taken into consideration. The author presents a number of legal instruments used by Polish law in order to protect consumers in their dealings with merchants and analyzes the main features of consumer protection law in Poland. The influence of European legislation on Polish regulations is also discussed. It goes without saying that Polish consumer protection legislation has to be in line with EU directives. As is known, the protection of consumers plays an important role in EU legislation. The Polish lawmaker has the duty to implement European directives properly and timely into national law. Many Polish regulations regarding consumer protection seem to be a certain kind of translation of European directives. This is the simplest but probably the riskiest method of transposing EU law because it may lead to inconsistencies with national regulations. Although sometimes it seems to be forced by a tight timeline. At the same time, the general competence of the European Union for enacting consumer protection law as a part of civil law is lacking. This is due to the fact that the six founding Member States of the European Economic Union deemed law of contracts as part of the European Treaties to be redundant, since the legal systems of the states — founders of the Union, all based on Roman Law, should already provide a mutual understanding. It is obvious that the consumer needs protection in his/her dealings with merchants as he/she is a weaker party to the transaction. This weakness stems mainly from a lack of information and poor bargaining power. The consumer will never be a real partner in negotiations with a bank, a utility company or an airline.
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Trstenjak, Verica. "Procedural Aspects of European Consumer Protection Law and the Case Law of the CJEU from the Perspective of Insurance Law." European Review of Private Law 21, Issue 2 (March 1, 2013): 451–78. http://dx.doi.org/10.54648/erpl2013023.
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Abstract: Questions about the necessity to introduce uniform European consumer protection instruments in national procedural law count among the most divisive topics of contemporary consumer protection law. Thus, even though several European Union (EU) acts contain procedural provisions on the protection of consumers, the introduction of new procedural and remedial tools in this area of law remains controversial, as the Commission's initiatives on collective redress mechanisms clearly show. Against this background, the case law of the Court of Justice of the European Union (CJEU) plays a double role. On the one hand, the CJEU rules on the interpretation and the application of existing procedural consumer protection provisions of EU law, such as the provisions of the Brussels I Regulation on consumer contracts, which were interpreted in Pammer and Hotel Alpenhof. On the other hand, the CJEU has developed a significant line of case law on the duties of national courts and tribunals in cases concerning the judicial enforcement of individuals' rights derived from the consumer protection directives. This case law, which started with Océano Grupo and culminated in VB Pénzügyi Lízing, can entail far-reaching duties for national courts and tribunals to take positive action in order to support consumers in their legal proceedings aimed at the enforcement of their rights. Nevertheless, as the ruling in Banco Español de Crédito has again made clear, it would be premature to analyse this line of case law of the CJEU as a one-way evolution towards an ever deeper intrusion in the procedural law systems of the Member States.
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Albaqme, Aidh Sultan. "Consumer Protection under Saudi Arabia Law." Arab Law Quarterly 28, no. 2 (July 10, 2014): 158–75. http://dx.doi.org/10.1163/15730255-12341276.
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The development of consumer protection laws in Saudi Arabia is of great significance because of the critical role that the Kingdom plays in the Gulf-Corporation Council Alliance and the fact that not many studies have been conducted on the issue of consumer protection in the Kingdom. Therefore, this article will analyse Islamic (Sharī‛ah) law as the foundation of consumer protection in Saudi Arabia and also focus on the development of consumer protection under Islamic law. The article will also compare Islamic law with other legal systems that are applied in Western nations with regard to consumer protection and advertising. Finally, the article will focus on the importance of Islamic law as a tool to ensure that the rights of consumers are respected and that adherence to religion is guaranteed.
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Samad, Abdul. "Consumer Dispute Resolution By BPSK In Protecting Consumer Rights." International Asia Of Law and Money Laundering (IAML) 1, no. 2 (June 8, 2022): 137–43. http://dx.doi.org/10.59712/iaml.v1i2.24.
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In Law No. 8 of 1999 on Consumer Protection which aims to protect the rights of consumers. The Consumer Dispute Resolution agency (BPSK) is an alternative dispute resolution institution whose existence is to resolve consumer dispute problems. In Medan City as an urban area with the majority of urban communities, there is a potential for Consumer Dispute problems. BPSK established in the region of Regency/city in Indonesia based on the mandate of Law No. 8 of 1999 on Consumer Protection. Then strengthened by Government Regulation No. 58 of 2001 on guidance and supervision of the implementation of Consumer Protection, Presidential Decree No.38 of 2012 on the establishment of the Dispute Resolution agency . This study aims to identify the position of BPSK in Medan dispute resolution system based on positive law applicable in Indonesia in its efforts to protect the rights of consumers in the city of Medan and its challenges.
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Narciso, Madalena. "The Regulation of Online Reviews in European Consumer Law." European Review of Private Law 27, Issue 3 (June 1, 2019): 557–81. http://dx.doi.org/10.54648/erpl2019028.
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Most consumers consult online reviews before entering a contractual relation. Online reviews are written feedback or a rating left by consumers on a good or service they have experienced. Online review mechanisms are designed and controlled by online platforms. From a legal perspective, online reviews can be perceived as pre-contractual information: they tackle information asymmetries between businesses and consumers and they shape consumers’ contractual will. However, online reviews are often unreliable: they are not representative of all consumers’ opinions, they can be vitiated by biases or they can be faked in order to increase a business’ reputation. These issues can be detrimental to consumer protection, since online reviews can mislead consumers and hinder their trust in the market. Additionally, these issues raise questions regarding the recent role of online platforms as gateways to consumer information, their responsibility in assuring online review mechanisms’ reliability and how prepared European consumer legislation is for the platform economy. Even though the European legislator has not explicitly regulated online reviews so far, it has demonstrated interest in doing so, having had characterized unreliable online reviews as a threat to consumer protection. Furthermore, the regulation of contractual information has been one of the European Union’s main concerns in consumer law, which means that the existing regulatory framework can be applicable to online reviews. This article explores online reviews’ relevance for private law by determining to what extent existing European consumer Directives apply to them, focusing particularly the E-Commerce Directive and the Unfair Commercial Practices Directive.
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Putri, Juanita Tiffany. "Advertising Regulations in Consumer Protection Law (Comparison of Consumer Protection Law in Indonesia and Thailand)." JISIP (Jurnal Ilmu Sosial dan Pendidikan) 8, no. 1 (January 2, 2024): 436. http://dx.doi.org/10.58258/jisip.v8i1.6407.
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Advertising not only increases the level of sales of a product, but also serves as an informative tool for consumers. The magnitude of the influence exerted means that a legal regulation is needed for advertising in order to create a conducive system between business actors and consumers. This research uses a normative juridical method by comparing Indonesian consumer protection legal regulations with the Consumer Protection Acr, B.E. 2522 Thailand. There are differences in advertising regulations in Indonesia based on UUPK and CPA, namely regarding the form of advertising prohibition by perpetrators and the sanctions given. The UUPK strictly regulates the prohibition of advertising an item using excessive and incorrect words. This is different from article 22 of the CPA which still provides room for business actors to creatively create advertisements that can attract consumers. Regarding the sanctions given, non-compliance by business actors with UUPK will result in a ban on trade by business actors. In contrast to the CPA, where if a business actor does not fulfill the provisions as stipulated regarding advertising, the CPA does not prohibit the business actor from stopping the trading activities or promotional efforts that are currently being carried out. However, CPA provides relief for business actors by requiring business actors to correct the use of these advertisements.
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Lumban Gaol, Heru Saputra, and Fransisca Yanita Prawitasari. "Kedudukan Pelaku Usaha dan Konsumen dalam Hukum Perlindungan Konsumen (Produk Mi Soun Mengandung Klorin)." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 21, no. 02 (December 12, 2018): 28–43. http://dx.doi.org/10.24123/yustika.v21i02.1720.
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Food is one of the primary needs of humans. In terms of producing food, it cannot be completely separated from the use of Food Additives. Article 1 paragraph (1) of Law Number 33 Year 2012 concerning Food Additives determine Food Additives are ingredients added to food to affect the nature or form of food. This indicates that Food Additives may affect the quality of the product. In practice, not all Food Additives are used by sellers safe for consumers' health. In fact, Article 4 letter a of Law Number 8 of 1999 concerning Consumer Law determines that consumers have the right to conveniences, security and safety in consuming goods and/or services. This is also in line with the seller's obligations that specified in Article 7 of the Consumer Law. A several cases of chlorine additives on mi soun at Klaten, Jember, and Jambi show a lack of awareness of sellers and consumers in recognizing which food additives are harmful for health. Consumer law as a progressive law strives to be a legal means that establish consumer awareness and sellers awareness in order to realize their rights and obligations. Progressive consumer law also indicates a balance between sellers and consumers in harmonizing the principles of caveat venditor and caveat emptor.
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Holijah, Holijah, and M. Rizal. "Islamic Compensation Concept: The Consumer Dispute Settlement Pattern in Indonesia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 13, 2022): 98. http://dx.doi.org/10.22373/sjhk.v6i1.8951.
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This article aims to explain the compensation concept in Islamic Law by emphasizing consumer law on the development of consumer dispute settlement patterns in Indonesia. In constructing a consumer dispute settlement pattern in demanding compensation to the produces as stipulated in the Law of the Republic of Indonesia Number 8 the Year 1999 concerning Consumer Protection Act, in order to be able to realize the providing Islamic compensation pattern that becomes the basis of the consumer dispute settlement pattern in Indonesia in the future. This research is a juridical normative with a legal approach and conceptual approach as well as a socio-legal approach. The research analysis used the descriptive qualitative analysis method. The results of this study indicate that the importance of the compensation concept in Islamic law is inseparable from observing the development diversification of goods and services products from the existence of free trade dynamics currently that is so advantageous to the consumers, although the tendency to be disadvantaged is also getting bigger. Losses that were experienced by consumers due to the weak position of consumers in various factors compared to produces. While the birth of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection Act as the formality legal of consumer protection law in Indonesia will not rule out the possibility of other regulations in the field of consumer protection, so the alternatives development in providing consumer protection is crucial to be able to provide consumer protection that brings benefits and supports the national economy.
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Koolen, Christof. "Consumer Protection in the Age of Artificial Intelligence: Breaking Down the Silo Mentality Between Consumer, Competition, and Data." European Review of Private Law 31, Issue 2/3 (July 1, 2023): 427–68. http://dx.doi.org/10.54648/erpl2023018.
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Consumer protection calls for a broader conceptualization. Narrow views, where consumers are reduced to their economic interests, are no longer sustainable. Instead, they should be seen as consumer-citizens whose consumption choices have profound implications on society as a whole. In the face of artificial intelligence (AI)- driven practices, the pursuit of a more holistic level of consumer protection therefore requires a combined approach; a defence in depth that hinges on reciprocal interactions between consumer law, competition law, and data protection law. The complementarity between each branch ensures that different aspects of consumer welfare – consumer autonomy, consumer choice, and the right to data protection – are adequately safeguarded. Doing so ensures that consumer protection is not only about empowering consumers, but also about building safer digital spaces and creating a level playing field for entrepreneurs where innovation can thrive.
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Thorique Akbar Nasution. "E-Commerce in Malaysia From Law Perspective." Mahadi: Indonesia Journal of Law 2, no. 1 (February 27, 2023): 11–15. http://dx.doi.org/10.32734/mah.v2i1.11380.
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The study demonstrates a correlation between the law in e-commerce consumer sale of goods with competition law, consumer welfare, and e-commerce. Because the existing underlying competition law theory is exclusively based on economic theory, there are several challenges in presenting some indicators of the distinct market of e-commerce for consumer sales of goods and using consumer welfare-based consumerism that promotes social justice and equity. The most important part of the e-commerce system, process, and structure is aided by highly advanced technological innovation from all supply, distribution, and information exchange processes towards the demand chain, which is the consumers. There are several dimensions with distinct stakeholders and actors at various levels to enable, support, perform, and produce multiple income streams from e-commerce. Sales of customer data often occur in e-commerce competition. This results in inconvenience to consumers who have transacted at an online store. Competition law needs to be tightened in order to provide comfort from the customer and seller side.
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Anwar, Moh, and Moh Kurdi. "PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM MELAKUKAN TRANSAKSI PEMBELIAN SECARA ONLINE." Journal MISSY (Management and Business Strategy) 2, no. 2 (November 30, 2021): 45–48. http://dx.doi.org/10.24929/missy.v2i2.1864.
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Online transactions are buying and selling behavior carried out online by buyers and sellers which are not carried out face-to-face directly but through internet media. The problem in this research is about the role of law in consumer protection. According to the Consumer Protection Law no. 8 of 1999 is a legal product that can provide legal protection to consumers in conducting online transactions. The role of law in consumer protection can be seen from the perspective of public law and private law. The enactment of the Electronic Information Transaction Law Number 11 (UU ITE) of 2008 seems to be a solution to protect consumers.
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Al Sharu, Ahmad Ibrahim, Fauziah Binti Mohd Noor, and Rohana Binti Abdul Rahman. "Legislation on Consumer Protection against Misleading Advertisement: A Comparative Studies between Jordanian Legislation and Malaysia Consumer Protection Law 1999." ABC Research Alert 7, no. 2 (September 28, 2019): Malaysia. http://dx.doi.org/10.18034/ra.v7i2.259.
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A misleading advertisement is the one, which does not provide true information about the product. It may comprise of one or more than one aspect which mislead the consumer’s such as deceptive price, wrong information, overstatement, etc. Therefore, it is must to set up regulation for this activity to protect consumers. The objectives this paper is to examine provisions legal available in Jordan such civil law 1976 in Jordan and the Jordanian Draft Law 2013 of consumer protection to control protect the consumer from misleading advertisements issue in Jordan. This paper will compare between the legal provision of Jordan and the Malaysian consumer protection legislations specifically in Consumer Protection Law 1999. In both countries, this comparative study will reveal the inadequacy or adequacy on the protection afforded to consumers on misleading advertising. According to the comparative study, the paper attempted benefit from the Consumer Protection Law 1999 of Malaysia concerning the protection of consumers against misleading advertising in order to provide guidance to Jordan in setting out legal for consumer against misleading advertisement to provide cover in issues such as information on advertisement as require under law, price, duty of advertiser, enforcement, punishment, and remedies.
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Yidana, Nuhu. "Regulatory Remedies in the Enforcement of Product Quality and Safety Standards in Ghana: A Case for Reform from a Comparative Analysis." Business Law Review 44, Issue 1 (February 1, 2023): 2–11. http://dx.doi.org/10.54648/bula2023005.
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This article examines the regulatory remedies in the enforcement of consumer law regarding the quality and safety standards of goods in Ghana. The article argues that the remedies which the regulatory institutions administer in their enforcement of consumer law in Ghana are focused mainly on punishing the manufacturer or seller of the goods. The article further contends that there are presently no provisions in the regulatory remedies for the manufacturer or seller who breached the established quality and safety standards of goods to compensate affected consumers on account of the breach. As a result, consumers only have access to common law remedies in tort for the manufacturer’s or seller’s negligence. However, this reprieve is illusory for many Ghanaian consumers as litigation is expensive and in most cases, beyond the reach of the average consumer in Ghana. Consequently, this article advocates for the adoption of the redress category of the enhanced consumer measures (ECMs) similarly introduced by the UK Consumer Rights Act 2015 (CRA 2015) to secure administrative remedies for consumers as part of the regulatory remedies in the enforcement of consumer law regarding the quality and safety standards of goods in Ghana.
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Santoso, Ellen, and Gunardi Lie. "Dispute Resolution of Business Actors Who Have Experienced Bankruptcy Based on Consumer Protection Law." Syntax Idea 6, no. 4 (May 1, 2024): 1923–29. http://dx.doi.org/10.46799/syntax-idea.v6i4.3204.
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Industrial growth in Indonesia creates challenges for consumers when companies go bankrupt, which often hampers the process of returning consumer rights. Legal protection regulated in the Consumer Protection Law is important for creating a healthy economy and empowering consumers. However, legal uncertainty in resolving disputes between bankrupt business actors and consumers is still a concern. Therefore, this journal aims to provide an in-depth understanding of a fair solution for both parties. The type of research method in this writing is qualitative with document type. Qualitative research is a type of research whose results are not based on statistics or other calculations. The instrument of qualitative research is the researcher himself. The results of this research are that the resolution of consumer disputes when a company goes bankrupt is based on the Consumer Protection Law, strengthening legal protection for consumers. Steps include consumer empowerment and efficient dispute resolution, both outside the courts and through court processes, with the government playing an active role in guidance and supervision. Even though the company goes bankrupt, consumers still have the right to obtain compensation according to the law, with options such as small claims claims, legal standing for consumer protection agencies, and class actions. This all aims to ensure effective consumer protection and fair law enforcement against business actors who violate their obligations
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Segal, Michal, Sagit Mor, and Israel (Issi) Doron. "The Judicial Construction of Older Consumers’ Rights: A Qualitative Case-Law Analysis." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 36, no. 1 (February 22, 2021): 159–80. http://dx.doi.org/10.1017/cls.2020.36.
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AbstractCourts conceptualize and construct the phenomenon of consumer rights violations against older people in different ways. This qualitative analysis of court decisions explores the meanings that Israeli courts have attributed to the fact that the victim was an older consumer. Specific objectives include determining whether existing consumer protections for older consumers are effective, how the relevant provisions of consumer protection law are expressed in application of case law, and how courts structure the issue in their rulings. Analysis has revealed a tension between two judicial approaches: assumption of older consumers as inherently vulnerable and meriting special-class protection, versus application of general consumer protection law attending to actual plaintiffs’ or defendants’ characteristics. Critical reading of the judgments leads to construction and suggestion of a tiered approach to adjudicating consumer protection cases that protects the vulnerable older consumer without falling into a trap of unwarranted ageism.
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Azhari, Arfi. "LEGAL REVIEW OF CONSUMER LAW PROTECTION ON PERSONAL DATA ON DIGITAL PLATFORM." Indonesia Private Law Review 2, no. 1 (March 24, 2021): 59–72. http://dx.doi.org/10.25041/iplr.v2i1.2189.
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Legal protection for consumers must be considered because the existence of consumers is prone to fraud. Personal consumer data protect one form of legal protection for consumers in conducting transactions with business actors, both domestic and foreign transactions. With the times at this time, consumer data that exists on business actors, both in the form of state-owned enterprises or business actors in the private form, is a lot of consumer data that these business actors trade and this consumer data is widely known. The problem studied is how the consumer’s legal protection of personal data on digital platforms. Research methods are using normative research methods, namely by explaining the issues and views of consumer legal protection of personal data on existing legal regulatory, digital platforms. The results illustrate that for now, consumer legal protection of personal data on digital platforms still refers to several laws and regulations in Indonesia. The government is also preparing a Draft Law on Personal Data Protection, which will become lex specialis. For the protection of personal consumer data in Indonesia related to personal data on digital platforms.
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Simon, Joëlle. "The Consumer Law Compendium: A New Era for European Consumer Law?" European Business Law Review 20, Issue 3 (June 1, 2009): 443–56. http://dx.doi.org/10.54648/eulr2009020.
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Haupt, Stefan. "An Economic Analysis of Consumer Protection in Contract Law." German Law Journal 4, no. 11 (November 1, 2003): 1137–64. http://dx.doi.org/10.1017/s2071832200012013.
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The traditional justification of consumer protection is founded on the notion of restraining the monopoly power of huge companies and the potential that they posses to influence consumers via advertising that limits consumers’ ability to verify what is in their own best interest. This theory refers not to the individual consumer in a concrete situation, but stresses a general economically weaker position of the consumervis-à-visthe suppliers. Consumers are seen as less knowledgeable and as economically inferior to producers and traders. So a large deviation between the ideal of consumer sovereignty and reality is presumed. The power imbalance on the market (“countervailing power”) leads to demand for market reconciliation, compensation or balancing. According to this conception the state must support the consumers as weaker market participants during the counterweight
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Laila Syahrani and Ika Juwita Lubis. "ANALISIS PENGARUH TRANSAKSI ONLINE DALAM HUKUM PERLINDUNGAN HUKUM KONSUMEN DIERA DIGITAL." Jurnal Al Wadiah 1, no. 2 (December 31, 2023): 187–99. http://dx.doi.org/10.62214/jaw.v1i2.154.
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Consumer protection is an important aspect in a country's legal system which aims to protect the rights and interests of consumers in transactions. Consumer protection laws provide the legal basis for protecting consumers from commercial practices that may harm and interfere with consumers' health, safety, or other rights. One aspect that is closely related to consumer protection is legal responsibility for producer negligence and errors. Producer negligence or errors can harm consumers and give rise to legal responsibility for producers. In this context, consumer protection law plays a very important role in determining standards and responsibilities of producers for the products they produce. Therefore, the aim of this research is to investigate the impact of consumer protection laws on the liability of manufacturers in the event of negligence or production defects. It is important to understand that consumers have the right to receive safe and quality products. Consumer protection laws establish minimum standards that must be met by manufacturers in order for their products to be considered suitable and safe. If manufacturers do not meet these standards, consumers have the right to demand compensation and incur legal liability for the producer. In addition, the concept of manufacturer negligence is also the focus of this research. Manufacturer negligence can include various aspects such as poor design, inadequate information, or failure to provide warnings regarding risks associated with the product. Consumer protection law serves to determine whether manufacturers have breached their obligations to consumers and whether consumers are entitled to compensation for losses suffered. Take a deeper look at the impact of consumer protection law on manufacturers' liability for negligence and production defects to better understand how consumers are protected can impact the manufacturer's business practices. We hope that you will gain a deeper understanding and increase your awareness of consumer rights in the legal context. This study is also expected to contribute to a deeper understanding of the development of consumer protection law and the dynamics of consumer-producer relations within the legal framework.
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Pozhodzhuk, R. "INTERNATIONALIZATION OF CONSUMER LAW AND CONSUMER PROTECTION." Private Law and Business, no. 18 (2018): 209–12. http://dx.doi.org/10.32849/2409-9201.2018.18.46.
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Mabel, Wamilik, Syafrudin Kalo, Madiasa Ablisar, and M. Ekaputra. "Kebijakan Tembak di Tempat Terhadap Pelaku Kejahatan 3C di Wilayah Hukum Polrestabes Medan." DOKTRINA: JOURNAL OF LAW 4, no. 2 (October 30, 2021): 84–101. http://dx.doi.org/10.31289/doktrina.v4i2.4334.
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Consumer protection should receive more attention, because foreign investment has become part of Indonesia's economic development, where the Indonesian economy is also related to the world economy which can have negative implications for consumers. This study aims to determine the adoption of the ultimum remedium principle in consumer protection law and to determine the ultimum remedium principle of business actors in consumer protection law. The research method used is a normative juridical research method with secondary data source and analyzed deductively. The research desire to be achieved in consumer protection is to create a sense of security for consumers in meeting the needs of life. It is proven that all consumer protection norms in the Consumer Protection Law have criminal sanctions. The presence of criminal sanctions in consumer protection regulations is a form of ultimum remedium (the last alternative) when resolving consumer protection disputes through other legal channels is not sufficient.