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Journal articles on the topic 'Consumer protection'
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1
Lai, Jessica C., and Samuel I. Becher. "Protecting Consumer Protection." Victoria University of Wellington Law Review 49, no. 2 (August 1, 2018): 259. http://dx.doi.org/10.26686/vuwlr.v49i2.5324.
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Recent consumer law cases are shaping consumer law in an unwarranted way. The courts have acknowledged the importance of advancing consumer law and protecting consumers, however, upon closer examination it is questionable whether courts are employing the right framework, tools and considerations. By analysing recent country of origin cases this article identifies some potentially worrying ways in which the courts have eroded consumer law rather than strengthening it. In particular, such cases allow the proprietary interest of goodwill to creep into the Fair Trading Act 1986 (FTA). Doing so, even if only at the stage of determining the penalty to be imposed, may shift the dial further towards the Fair Trading Act (FTA) being a means for protecting traders' interests. This, in turn, may lead to negative unintended consequences.
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Gilani, Syed Raza Shah, Zahid Ullah, and Aisha Nayab Qureshi. "LEGAL AND POLITICAL PERSPECTIVES ON CONSUMER PROTECTION LAWS IN POST-BREXIT BRITAIN: AN ANALYSIS." Pakistan Journal of Social Research 05, no. 02 (June 30, 2023): 386–92. http://dx.doi.org/10.52567/pjsr.v5i02.1093.
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This article explores laws related to the protection of, and challenges to, consumer rights in the UK after its peoples’ decision to withdraw from the European Union (EU, henceforth) in 2016. Consumer protection laws are formulated and enacted to safeguard consumers from illegal and deceitful behavior of traders and salesmen, etc., and provide buyers with a range of legal guarantees and protections. These laws deal with a number of issues such as the safety of the products used by citizens, criminalize not only false advertising, but also excessive pricing, and breach of contract terms. In the UK, the main piece of consumer protection legislation is the Consumer Rights Act 2015. However, despite the existence of consumer protection laws and regulations, problems still occur, and consumers can still fall victim to fraudulent or unethical business practices. Therefore, it is important for consumers to be informed about their rights and to be vigilant in protecting themselves from scams and other forms of consumer fraud. Additionally, consumer protection is an issue that is constantly evolving as new technologies and business models emerge. For example, the rise of e-commerce and online marketplaces has created new challenges for consumer protection, as consumers may not always know who they are buying from or how to resolve disputes with online sellers. Keywords: Consumer Rights, UNO Guided Principles for consumer protection, Consumer rights and UK Legal System.
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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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Gilalo, Jacobus Jopie, Adi Sulistiyono, and Burhanudin Harahap. "TINJAUAN YURIDIS DALAM BUKTI HUKUM KONSUMEN DALAM MAKANAN HALAL." JURNAL ILMIAH LIVING LAW 12, no. 1 (January 31, 2020): 26. http://dx.doi.org/10.30997/jill.v12i1.2525.
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Indonesia is a country with the majority Muslims in the world. As Muslims, it is obligatory to comply with religious prohibitions that must be obeyed, namely by not consuming food that are made from / have non-halal contents. Several laws, namely: Consumer Protection Act, Health Act, Food Act and Halal Product Guarantee Act 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 one that seeks to provide an overview of the problem of regulating halal food products in relation to consumer protection and legal protection of consumers in consuming halal food products. The results of this review study that the regulation of halal food products for companies or businesses that will trade their products in Indonesia based on the Halal Product Guarantee Act if related to consumer protection has provided legal certainty for the consumer community (Muslims) to consume halal food, namely by there are Halal Certification marks and Halal Labels. Likewise, several laws and regulations relating to halal food products that have been enacted provide legal protection for consumers in consuming food and beverages. Consumers must get information, safety and a sense of security for a food product that will be consumed according to their choices.
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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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Sirota, Eric. "The Rental Crisis Will Not Be Televised: The Case for Protecting Tenants Under Consumer Protection Regimes." University of Michigan Journal of Law Reform, no. 54.3 (2021): 667. http://dx.doi.org/10.36646/mjlr.54.3.rental.
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The Foreclosure Crisis of the 2000s has likely hurt renters more than homeowners. Incongruously, however, consumer enforcement agencies have been far more zealous in protecting mortgagors than tenants. This Article explores the under-protection of tenants as a class of consumers, particularly in a “commoditized” rental market, and examines how consumer enforcement agencies can more zealously incorporate tenant-protection into their mandates. Much of the prior literature on the legal protections afforded tenants was published in the wake of the consumer rights revolution of the 1970s. This Article is the first to carefully reexamine, in the context of the modern rental market, whether tenants should be protected as consumers and whether tenants have truly reaped the benefits of consumer gains over the last half-century. The Article analyzes original interviews with state consumer protection agencies, engages in the first broad survey of state and federal tenant protection enforcement actions, and provides a new review of the caselaw addressing whether tenants are covered by consumer protection regimes. Concluding that achieving systemic change through broad-scale policing of the rental industry is both vital and often overlooked, the Article proposes specific reforms that consumer protection agencies can adopt to better protect tenants.
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Okechukwu Ukwueze, Festus, and Justin Ibegbulem. "DECONSTRUCTING NIGERIA’S DATA PROTECTION REGIME FROM CONSUMER PROTECTION PERSPECTIVE." Law, State and Telecommunications Review 13, no. 1 (May 26, 2021): 94–118. http://dx.doi.org/10.26512/lstr.v13i1.31850.
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Purpose – The purpose of this paper is to make a case for the recognition of privacy and personal data protection as species of consumer rights in Nigeria in line with the revised United Nations Guidelines for Consumer Protection (UNGCP) by amending existing laws or enacting a new law to provide for personal data protection regime for consumers. Methodology/Approach/Design – The study follows a structured review of relevant extant legislation on consumer protection and personal data protection, namely the Federal Competition and Consumer Protection Act 2018 (FCCPA) and the Nigeria Data Protection Regulation 2019 (NDPR). Findings – The paper identifies that the provisions of Nigeria’s foremost consumer protection legislation, FCCPA, does cover electronic commerce (e-commerce) or consumer privacy and personal data protection while the NDPR, subsidiary legislation on personal data protection, which is yet to be effectively implemented is too general as to provide the consumers the much-needed privacy protection in their dealings with businesses. Practical Implications–Given the importance Recognition of data privacy and personal data protection as a species of consumer rights helps in understanding consumer protection in online transactions and opens opportunities for future research on consumer privacy and data protection. Originality/Value – Given the importance attached to the protection of consumer privacy and the various ramifications of transactions involving exposure of consumers’ personal data, recognition of privacy consumers’ rights to privacy is vital in consolidating knowledge of consumer rights and identifying paths for future research.
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Listyawati, Diyana Suci, Arya Fitri Kurniawan, and Muhammad Aminuddin. "Analysis of Housing Consumer Protection from the Victim's Perspective (Case Study of Residential "M" Project)." International Journal of Research and Review 11, no. 2 (February 17, 2024): 325–32. http://dx.doi.org/10.52403/ijrr.20240234.
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A portrait of residential “M” unclear consumer fate. Which consumers are structurally victimized. Thus, consumers need victim protection and victim support in restoring their rights and obtaining alternative solutions from the state that has an important role in the contribution of the residential “M” project. The methods used in this research are qualitative descriptive methods, in this study also using library studies. The results of this study is Indonesian Consumers Foundation (YLKI) has a role to play in protecting consumers. Which consumer advocates are clearly on the pole who want government intervention to protect consumers. The way through the dissemination of information about regulation of standardization of goods or services to serious threat to offenders. This is because, there is a situation where consumers are often and experience information blindness to make racial decisions in order to consume and use their services, then it is the country that has to provide it. But the state hasn't been able to provide it. So it looks like there's competition in the market mechanism, not only protecting consumers but also protecting producers. Here's a portrait of YLKI's services to residential “M” project consumers who complain about the clarity of their residence, as well as a pre-refund system that has no point. Keywords: Consumer protection, YLKI, victim protection, victim support
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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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Umar, Jaenudin, Endang Sutrisno, and Abdullah Abdullah. "THE DISPUTE SETTLEMENT FOR CONSUMER PROTECTION BY THE CONSUMER DISPUTE SETTLEMENT AGENCY IN LEGAL ASSURANCE PERSPECTIVE." Jurnal Pembaharuan Hukum 10, no. 1 (April 14, 2023): 64. http://dx.doi.org/10.26532/jph.v10i1.30562.
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The concept of consumer protection is to guarantee legal certainty to consumers, namely efforts to empower consumers to obtain or determine their choice of goods and/or services and to defend or defend their rights if business actors harm them. Legal norms to protect the interests of consumers are not sufficient. Therefore, to achieve a balance in protecting the interests of consumers and business actors, a clear legal order is needed so that a healthy economy can be realized. Consumer protection norms in the Consumer Protection Law System, as a fundamental norm, become the criteria for determining alleged violations of consumer rights. The aim of this study is to provide an alternative for resolving cases, a form of embodiment of the implementation of consumer rights protection policies. The approach method used in this research is juridical sociological. However, there are still legal loopholes that often occur. May harm the interests of consumers. The existence of regulations that still have to be synchronized and harmonized between the Consumer Protection Act and the rules governing Arbitration and Alternative Dispute Resolution issues because the Consumer Protection Law formulates rules for resolving consumer disputes by separate arbitration, which is relatively different from the basic concept of the arbitration mechanism which generally accepted so that the settlement of consumer disputes becomes legal uncertainty.
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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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Sudanto, Asrizal Saiin, and Zaitun. "LEGAL PROTECTION OF CONSUMER RIGHTS IN THE CONCEPT OF HUMAN RIGHTS." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 16, no. 1 (June 29, 2022): 1–20. http://dx.doi.org/10.24239/blc.v16i1.769.
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Economic development includes various interrelated development sectors. One form of this linkage is related to the protection of consumer rights which is closely related to human rights issues. Thus the importance of the issue of legal protection for consumer rights, this research tries to specifically highlight the concept of human rights, where the main focus is on the role of Law No.8 of 1999 in protecting consumer rights as human rights, as well as consumer advocacy efforts. This research is to answer whether consumers really are sufficiently protected by laws based on human rights. This research is legal research normative, namely research on secondary data obtained through library studies. From this research, it is found that consumer protection laws do not appear to provide protection for consumers in general anymore, but actually provide full protection for consumers in various forms of transactions, both transactions in the form of products and transactions in the form of services that can potentially harm the consumer of their rights.
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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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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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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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Hidayah, Ardhiana, and Marsitiningsih Marsitiningsih. "Aspek Hukum Perlindungan Data Konsumen E-Commerce." Kosmik Hukum 20, no. 1 (August 19, 2020): 56. http://dx.doi.org/10.30595/kosmikhukum.v20i1.8251.
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Consumer data protection is part of the consumer protection aspect of online transactions or e-commerce activities. This research is a normative legal research based on library research. This study aims to know and understand that personal data is part of the constitutional rights of citizens, so that the state is obliged to protect dignity, respect and integrity of consumers as human beings. The use of any information through electronic media that involves a person's personal data must be done with the consent of the person concerned. The misuse of consumer data is a major problem in legal protection to consumers. Consumer data protection only relies on Ministerial Regulation Number 20 Year 2016 concerning Protection of Personal Data which cannot be used as a basis for solving the problem of data misuse. There needs to be a special institution in processing law enforcement in the context of protecting consumer data.Keywords: Consumer Data Protection
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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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SAPUTRA, HENDRA ADI. "PERAN MARKETPLACE DALAM MEMBERIKAN PERLINDUNGAN TERHADAP KONSUMEN MENURUT UNDANG-UNDANG PERLINDUNGAN KONSUMEN." GANEC SWARA 17, no. 4 (December 1, 2023): 2200. http://dx.doi.org/10.35327/gara.v17i4.688.
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The Consumer Protection Law mandates that consumers must be protected both before using the product and after using the product. In protecting themselves, consumers have limits, therefore the role of the marketplace as a business actor is needed in online buying and selling because the marketplace is a service provider or platform that facilitates sellers and consumers in transactions. What is the role of the marketplace in providing protection to consumers according to the Consumer Protection Law in Indonesia? Using normative research methods, it was found that in Law Number 8 of 1999 concerning Consumer Protection, Articles 6 to Article 27 explain the responsibilities of business actors towards consumers, as business actors are marketplaces (platform service providers) can make policies towards sellers without offering merchandise prohibited by UUPK on its platform. Marketplaces can provide consumer complaint facilities on their platforms so that consumers can choose trustworthy sellers and avoid rogue sellers.
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Ayu, Dena, Mursal Mursal, Putri Jianti, Doli Witro, and Rifqi Nurdiansyah. "A Sociological Approach to Consumer Protection in E-Commerce Transactions During the Covid-19 Pandemic." Khazanah Hukum 4, no. 3 (September 10, 2022): 181–91. http://dx.doi.org/10.15575/kh.v4i3.18690.
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This article uses a sociological approach to discuss consumer protection in the sales system through e-commerce during the covid-19 pandemic. This study aims to provide legal certainty to consumers by highlighting consumer protection laws and the role of the government in protecting people who make transactions in e-commerce. This article is juridical-normative research. This article uses qualitative data that is a literature study. In this case, two types of data are used: primary and secondary data. Primary data includes Law Number 8 of 1999 concerning Consumer Protection. At the same time, secondary data is obtained from library sources such as books, scientific articles, theses, dissertations, research reports, internet websites, and other data sources. Miles et al. used the qualitative data analysis technique, namely data condensation, data presentation, and concluding. The analysis results show that the consumer protection law does not only apply to consumers but to everyone who transacts in it. Consumer protection is very much needed to maintain security and provide convenience for sellers and buyers in carrying out economic transactions in the covid-19 pandemic. The role of law in consumer protection following the Consumer Protection Law Number 8 of 1999 provides efforts to ensure legal certainty to protect consumers.
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Johan, Suwinto, and Ariawan Ariawan. "Consumer protection in financial institutions." Legality : Jurnal Ilmiah Hukum 29, no. 2 (June 11, 2021): 173–83. http://dx.doi.org/10.22219/ljih.v29i2.16382.
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The relationship between financial institutions and customers is like two sides of a coin. On one hand, it is mutually beneficial, but on the other hand, this relationship can lead to mutual harm. Customers of financial institutions have a medium for a long-term relationships. Consumers of financial institutions generally have an average relationship of 24 months. Consumers make loan payments according to the agreed time. Customers will be able to get the right to the collateral if the loan has been paid. Conversely, if customers are unable to pay the installments on time, financial institutions will repose the collateral. From the inception of the loan to the repayment of the loan, the relationship between customers and financial institutions experiences several conditions. This research uses a normative judicial method, aiming to analyze consumer protection of non-bank financial institutions based on the existing laws and regulations. This research will focus on consumer protection from the start of the standard agreement, the fees or expenses charged, to the loan repayment mechanism. This research concludes that the protection of consumers of non-bank finance companies, especially finance companies, is still very weak. Consumer protection for finance companies, especially non-banks, has not been fully accommodated in the existing Consumer Protection Law. Therefore, the authority needs to issue a regulation in protecting the consumer in the financial industry.
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Vukušić, Ivan, and Ivana Kanceljak. "ODREĐENI ASPEKTI PREKRŠAJNOPRAVNE ZAŠTITE POTROŠAČA." Pravni Vjesnik 40, no. 1 (2024): 55–76. http://dx.doi.org/10.25234/pv/26063.
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The paper deals with certain aspects of consumer protection under misdemeanour law in the Croatian law. In general, consumer protection in the Croatian law is achieved through different legal sources and several different consumer protection mechanisms. By analysing these regulations and methods of consumer protection, one tries to conclude on the adequacy of consumer protection through misdemeanour sanctions, bearing in mind the protected legal good and the purpose of sanctions. The paper is based on the fact that the general norms of misdemeanour law derive from the Misdemeanour Act and that the goal is to investigate the peculiarities deviating from the existing regulation. The research reveals some specificities and distinctive features of misdemeanour sanctions and misdemeanour proceedings aimed at protecting consumers. Firstly, the focus of protection is on the consumer, who is not uniformly defined in all regulations that foresee misdemeanours. Furthermore, the permissibility of protecting certain legal interests (life, health) by misdemeanour regulations that govern consumer protection is analysed. Additionally, attention is drawn to the shortcomings of the existing framework of misdemeanour sanctions, arising from the implementation of various directives and other European sources aimed at protecting consumers that aim to introduce effective, appropriate, proportional, and deterrent sanctions into national law. Further harmonisation of the sanction framework has been achieved through the recent transposition of Directive (EU) 2019/2161, which introduces new criteria for determining sanctions. It also emphasises the application of the non bis in idem principle, which is relevant to national law. Additionally, as a special feature of misdemeanour consumer protection, the principle of opportunity has been analysed in the study.
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Mason, Roger Bruce. "Consumer protection awareness in South Africa." World Journal of Retail Business Management 1, no. 1 (2007): 1–31. http://dx.doi.org/10.51415/10321/3358.
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This paper addresses the lack of knowledge about awareness of consumer protection in South Africa, especially amongst disadvantaged consumers. Literature shows that there is a high correlation between the level of economic development and the awareness of consumer rights. The more developed a country is, the more aware its people will be in terms of their consumer rights. The less developed a country is, the lower the level of consumer rights awareness consumers will have. Consumers, like any other citizens of a country, have a right to be protected by the law. Private and nongovernmental organisations and the consumer councils should to ensure that the interests and rights of consumers are well protected. The study involved a literature review and an exploratory empirical study into the effect of income and education on awareness of consumer protection by a sample of Durban consumers. A strong, positive relationship between consumer protection awareness and income and education was found. Recommendations for actions which should improve consumer protection awareness amongst low income, poorly educated consumers, are suggested in, this study, while, further research to develop a deeper understanding of the problem, and are also suggested.
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x, Sukhdeep. "Consumer Protection in India: With Special Reference to the Consumer Protection Act, 1986." International Journal of Science and Research (IJSR) 13, no. 4 (April 5, 2024): 1712–15. http://dx.doi.org/10.21275/mr24426110041.
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Vujisić, Dragan, and Milan Rapajić. "Forms of consumer protection." Pravo i privreda 59, no. 3 (2021): 227–67. http://dx.doi.org/10.5937/pip2103227v.
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The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.
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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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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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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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Maulana, Moggy, and Teuku Saiful Bahri. "LEGAL PROTECTION FOR CONSUMERS DUE TO EXPIRED FOOD PRODUCTS BASED ON LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION." SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum 2, no. 5 (October 23, 2023): 503–10. http://dx.doi.org/10.55681/seikat.v2i5.958.
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This research is aimed at answering questions about the government's role in protecting consumers. to food products, and the responsibility of producers to consumers in handling consumer complaints related to food products that are not suitable. This is a qualitative research with a normative legal research approach, namely library law research. The procedure in this study was carried out by selecting themes, exploring information, determining research directions, collecting data sources, presenting data, and compiling research reports. Meanwhile, this study used qualitative data analysis techniques based on literature data about research variables. The results of this study indicate that the government's role in protecting consumers against food and beverage products that have expired is to develop consumer protection in Indonesia and to implement law enforcement on applicable laws and regulations.A form of consumer protection provided by the government as a protector of the consumer community and also as a coach for business actors. While the handling of consumer complaints related to the circulation of expired food products is carried out by the Food and Drug Monitoring Agency (BPOM) by opening a service unit that accommodates all consumer complaints.
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Üniversitesi AVRUPA TOPLULUĞU ENSTİTÜSÜ, Marmara. "CONSUMER PROTECTION." Marmara Üniversitesi Avrupa Topluluğu Enstitüsü Avrupa Araştırmaları Dergisi 2, no. 1&2 (2015): 301–6. http://dx.doi.org/10.29228/mjes.372.
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Miasiratni, Miasiratni. "Perlindungan Sengketa Konsumen Menurut Undang-Undang Nomor 8 Tahun 1999." Journal of Global Legal Review 2, no. 1 (April 30, 2024): 53–64. http://dx.doi.org/10.59963/jglegar.v2i1.323.
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Legal certainty to provide protection to consumers in the form of protection of consumer rights, which is strengthened through special legislation, namely the Consumer Protection Law, gives hope that business actors will not act arbitrarily which always harms consumer rights. Law no. 8 of 1999 concerning Consumer Protection regulates consumer protection. Based on Article 1 point 1, it is stated that consumer protection is all efforts to ensure legal certainty to provide protection to consumers. The Consumer Dispute Protection Agency is tasked with resolving consumer disputes both through litigation and non-litigation. This method uses a normative juridical method, namely by providing a clear, systematic picture of various matters relating to the duties of the Consumer Dispute Resolution Agency according to Law No. 8 of 1999 concerning consumer protection. The results of this research show that the Consumer Dispute Resolution Agency (BPSK) according to Law NO 8 of 1999 is the body tasked with handling and resolving disputes between business actors and consumers. Consumer dispute resolution body (BPSK) is a special institution formed by the government in level II regions to resolve consumer disputes outside of court.
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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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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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Denk, Lucas. "Consumer protection regarding stablecoins." Frankfurt Law Review 1, no. 2 (April 17, 2024): 29–37. http://dx.doi.org/10.21248/gups.83612.
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Virtual currencies have gained popularity as part of the digital transformation of the financial system. In particular stablecoins are becoming increasingly popular with consumers. The tokens, which are pegged to a value and - according to their name - promise price stability, pose significant risks from which consumers need to be protected. This article focuses first on consumerspecific risks (B.) and German consumer protection law and in particular on the applicability of a right of withdrawal from the acquisition of stablecoins (C.). Subsequently, the EU legislator’s effort to minimize price stability as well as transparency and exchangeability risks, the Markets in Crypto-assets Regulation (2023/1114), is examined in terms of its consumer protection instruments (D.).
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Jang, Seok Cheon. "Clarification of consumer concept for consumer protection." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, no. 2 (December 30, 2022): 223–40. http://dx.doi.org/10.34267/cblj.2022.33.2.223.
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Transactions before modern times were a simple concept of consumption.
It was a society in which the concept of a consumer was not required as a form of purchasing and consuming necessary things through barter. However, through the Industrial Revolution, mass production of products was
carried out, consumption, and surplus products were created, and producers began selling them to earn profits. It appeared in the form of a transaction in which ordinary people purchase necessary items.
And in this process, the concept of consumer appeared. As the industry develops and consumers from consumption are placed in a poor position in relation to businesses, each country enacts consumer protection laws to
correct this.
In Korea, starting with the Consumer Protection Act in 1980 and changing to the Consumer Basic Act, many laws and regulations to protect consumers have been enacted. However, in these laws, the definition of consumer is not clear and various concepts that require interpretation have emerged.
This thesis aims to organize the controversy about the consumer concept that appeared in this process and to make a proposal for rational concept organization through this.
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Hijawati, Hijawati. "PEREDARAN OBAT ILLEGAL DITINJAU DARI HUKUM PERLINDUNGAN KONSUMEN." Solusi 18, no. 3 (September 1, 2020): 394–406. http://dx.doi.org/10.36546/solusi.v18i3.310.
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Every person has the right to live a healthy life, various efforts or methods if someone is sick and wants to deal with his complaint or illness with various medicines in order to recover his condition. In the era of globalization, free trade occurs which results in goods and or services in circulation that do not guarantee the security, safety and health of consumers. The free circulation of illegal drugs is still in demand by some consumers, this is because these drugs are easy to obtain and sell freely at any drug store. Law Number 8 of 1999 concerning Consumer Protection, the Government of Indonesia regulates consumer rights that must be protected. In the Consumer Protection Act, it provides appreciation for consumer rights universally, because consumer protection is part of protecting human rights.
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Muhajir, Muhajir. "E-COMMERCE CONSUMER PROTECTION At TOKOPEDIA." Al-Amwal : Journal of Islamic Economic Law 4, no. 2 (September 17, 2019): 124–37. http://dx.doi.org/10.24256/alw.v4i2.1582.
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This study aims to determine and understand the legal principles in protecting the rights of e-commerce consumers who transact on Tokopedia. This research is library research (library research) with a normative approach because it is a research that analyzes written regulations related to consumer protection in conducting electronic transactions on Tokopedia. The data source is secondary data in documents, reports, books, and other publications that support this research. The results show that e-commerce consumers transact on Tokopedia are in a weak position that can experience fraud from business actors who open stalls on the Tokopedia site. In protecting and safeguarding consumer rights, Tokopedia must establish strict rules and procedures for business actors conducting business activities on Tokopedia based on Law No. 8 of 1999 concerning consumer protection, Law No. 11 of 2008 concerning Electronic Information and Transactions Government Regulations Number 82 of 2012 concerning Implementation of Electronic Systems and Transactions.
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Bashir, Sobia, Abdus Samad Khan, and Faisal Shahzad Khan. "THE ROLE OF CONSUMER EDUCATION IN STRENGTHENING CONSUMER PROTECTION LAWS." Pakistan Journal of Social Research 05, no. 02 (June 30, 2023): 85–92. http://dx.doi.org/10.52567/pjsr.v5i02.1111.
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Consumer education significantly strengthens consumer protection laws by empowering consumers to make informed decisions about their purchases and increasing their awareness of their legal rights. This research paper explores the connection between consumer education and consumer protection laws and highlights the benefits of educating consumers about their rights and responsibilities. The study examines the historical evolution of consumer protection laws and the emergence of consumer education as a key strategy to promote consumer protection. The study finds that consumer education can increase consumer knowledge of their rights and obligations, improve their ability to identify and report fraudulent or deceptive business practices and enhance their confidence in the marketplace. The research also analyses the effectiveness of different consumer education programs and initiatives in improving consumer awareness and protection. Moreover, the research examines the impact of technology and digital platforms on consumer education and protection, highlighting the need for tailored and innovative approaches to consumer education in the digital age. The study discusses the challenges and opportunities of consumer education in the context of emerging technologies, such as artificial intelligence and blockchain, and the implications for consumer protection laws. Keywords: Consumer, Consumer Protection Laws, Technology Impact, Fraudulent, Deceptive Business.
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Bashir, Sobia, Abdus Samad Khan, and Faisal Shahzad Khan. "THE ROLE OF CONSUMER EDUCATION IN STRENGTHENING CONSUMER PROTECTION LAWS." Pakistan Journal of Social Research 05, no. 02 (June 30, 2023): 85–92. http://dx.doi.org/10.52567/pjsr.v5i02.1170.
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Consumer education significantly strengthens consumer protection laws by empowering consumers to make informed decisions about their purchases and increasing their awareness of their legal rights. This research paper explores the connection between consumer education and consumer protection laws and highlights the benefits of educating consumers about their rights and responsibilities. The study examines the historical evolution of consumer protection laws and the emergence of consumer education as a key strategy to promote consumer protection. The study finds that consumer education can increase consumer knowledge of their rights and obligations, improve their ability to identify and report fraudulent or deceptive business practices and enhance their confidence in the marketplace. The research also analyses the effectiveness of different consumer education programs and initiatives in improving consumer awareness and protection. Moreover, the research examines the impact of technology and digital platforms on consumer education and protection, highlighting the need for tailored and innovative approaches to consumer education in the digital age. The study discusses the challenges and opportunities of consumer education in the context of emerging technologies, such as artificial intelligence and blockchain, and the implications for consumer protection laws. Keywords: Consumer, Consumer Protection Laws, Technology Impact, Fraudulent, Deceptive Business.
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Noviriska. "CONSUMER LEGAL PROTECTION ON FOOD PRODUCTS THAT DO NOT INCLUDE EXPIRED LABELS RELATED TO LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION." Awang Long Law Review 4, no. 2 (May 31, 2022): 374–79. http://dx.doi.org/10.56301/awl.v4i2.393.
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The basic right of consumers related to food that does not include the expired label is the right to obtain safety. The right to security and safety is intended to ensure the safety and security of consumers in the use of goods or services obtained so that consumers can avoid losses (physical and psychological) when consuming a product, especially food products. The research that will be discussed is related to how the implementation of consumer protection against the circulation of food products that do not include an expiration date label is carried out by the YLBKI Non-Governmental Consumer Protection Agency. This research is a normative juridical law research, which is a study of norms or laws between statutory regulations and other related regulations. The results of the study show that there are many violations of consumer rights, especially violations of the right to obtain clear and honest information about the state of a product, this occurs because of consumer habits that are less careful in determining the goods used or consumed, and business actors who do not care about production standards in accordance with applicable laws so that the violation occurs. However, to fight for the rights that have been violated, you can report to one of the authorized institutions, namely the YLBKI community self-help consumer protection agency.
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Dewi, Retno Sari, Dwiatmanto Dwiatmanto, and Surjanti Surjanti. "Comparison of Consumer Protection Laws Between Indonesia, the Philippines, and South Korea in Achieving Justice." SASI 30, no. 2 (June 28, 2024): 169. http://dx.doi.org/10.47268/sasi.v30i2.2048.
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Introduction: Consumer protection is an important aspect as a global phenomenon and is practically implemented by various countries in the world.Purpose of the Research: This research aims to describe the development of consumer protection regulations in Indonesia and to compare consumer protection between Indonesia, the Philippines and South Korea in realizing justice.Method of Research: Normative legal research by prioritizing comparative, conceptual and statutory approaches.Results of Research: The development of consumer protection regulations in Indonesia after the passing of the consumer protection law has actually facilitated the existence of consumer rights which are applied proportionally to consumer obligations. Even so, the practice of developments over time and technology also actually requires changes to consumer protection laws. In efforts to realize justice for consumers by referring to the consumer protection arrangements carried out by the Philippines and South Korea, Indonesia needs to optimize effective and substantive consumer complaint procedures as in the Philippines, including also referring to consumer protection practices carried out by South Korea by providing integrated legal assistance. for consumers in the consumer dispute process, both legal assistance in the form of consultations and legal assistance services in the form of lawyers for consumers.
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O. Syurikpayeva, Assel, Zhazira O. Omirali, Nurgul E. Baigelova, Sovetzhan A. Yntymakov, and Elmira B. Kurmanaliyeva. "Comparative analysis of issues of the legal mechanism of consumer protection in Kazakhstan and foreign countries based on the norms of sustainable development." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 2 (January 2022): 187–201. http://dx.doi.org/10.3280/riss2021-002014.
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Globalisation and liberalisation of trade and business around the world have made many goods and services available to consumers anywhere in the world. Econom-ic growth has been described by an increase in the purchasing power of the middle class, which is the largest consumer segment of the population. This required an emphasis on consumer protection and the promotion of responsible consumer movement around the world. The purpose of the research is to analyse the prob-lems of the legal mechanism for protecting consumer rights based on the norms of sustainable development, identify and disclose modern problems related to the le-gal status of this area. The main method of the research was comparative analysis which allowed to compare the regional mechanisms for protecting consumer rights, considering the economic and political factors inherent in each of the countries. The conducted study allowed to reveal legal approaches to the study of consumer protection, to analyse the relevant current legislative framework. It is substantiated that the issues of consumer protection are given due attention in many countries. It was concluded that during the development of the latest corrective legislative acts governing consumer protection mechanisms in the countries of the European Union, the Republic of Kazakhstan and India, the positive aspects of world experience, the content of these legal documents were considered. The content of the said legal documents was based on the UN principles of consumer protection, which indicates a significant contribution of the above countries to the perfor-mance of the obligations to guarantee the consumers their fundamental rights.
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Pllana, Mustafe, and Shyhrete Kukaj. "Protection of Consumer Rights." International Journal of Sustainable Economies Management 5, no. 2 (April 2016): 49–61. http://dx.doi.org/10.4018/ijsem.2016040105.
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At the end of Ninteenth century and beginning of Twentieth entry starts a movement with name consumerism. The consumerists' movement, (in domain of politics) is consumer protection which seeks to protect and inform consumers by requiring such practices as honest packaging and advertising, product guarantees, and improved safety standards. Consumer protection as it is known today has its roots in the time of ancient civilizations. At the beginning of Twenty first century the consumer protection moves forward. EU is well known for ten fundamental principles of consumer protection. To become part of the European Union, Kosovo institutions are obliged to enact legislation and implement policies in accordance with EU standards. Regarding this has become a research haw is advanced legislation and institutions for consumer protection and what is the program for consumer protection. In the survey are included 150 respondents in 5 major centers of Kosovo. Collected data are processed in SPSS, and findings will be treated in this paper.
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Salaün, Anne. "Consumer protection - proposals for improving the protection of online consumers." Computer Law & Security Review 15, no. 3 (May 1999): 159–67. http://dx.doi.org/10.1016/s0267-3649(99)80034-x.
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Hawa, Rianti, Rudi Supratman, and Retno Palupi. "Harmonisasi Kemanfaatan dan Keadilan dalam Perlindungan Hukum Bagi Konsumen." Jurnal Riset Multidisiplin dan Inovasi Teknologi 1, no. 01 (May 1, 2023): 1–6. http://dx.doi.org/10.59653/jimat.v1i01.152.
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Consumer is everyone who uses goods and / or services available in society, either for their own interests, as well as for family and other people and other living things and not for trade. In practice, of course, business actors are responsible for the goods and services consumed by consumers, and if the goods and services are in accordance with the agreement, it will provide benefits for consumers, but if it turns out that the goods or services purchased do not provide the results desired by consumers, such as experiencing damage, hidden defects, consumers have the right to ask for compensation to business actors, and given in accordance with consumer rights based on the principle of justice so that legal consumer protection can be fulfilled. The purpose of this study is to find out how harmonization of the principles of benefit and justice in providing legal protection for consumers, including in fulfilling fair compensation in resolving consumer disputes with business actors, so that in line with the principles of benefits and justice can provide legal protection for consumers and responsibilities to business actors in accordance with their respective rights and obligations.
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Dushkova, Miglena. "Digital Transformation and Consumer Protection." Izvestia Journal of the Union of Scientists - Varna. Economic Sciences Series 12, no. 1 (October 1, 2023): 177–89. http://dx.doi.org/10.56065/ijusv-ess/2023.12.1.177.
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The article presents issues related to European consumers protection in the context of digital transformation. In this context, the role of digital technologies is described, and more specifically digital platforms, the Internet of Things, Artificial Intelligence and cloud services. The benefits of their application in the everyday life of consumers are explained. At the same time, some of the risks these technologies pose to consumers are revealed. Emphasis is placed on issues related to consumer protection against unfair commercial practices in digital space. The protection tools in this direction are indicated. Special attention is given to EU priorities for comprehensive consumer protection in the context of digital transformation and the challenges of the Digital Decade.
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Prystai, R., and І. Yavorska. "Consumer rights protection in digital contracts within the framework of the European Union." Uzhhorod National University Herald. Series: Law 2, no. 74 (February 10, 2023): 255–61. http://dx.doi.org/10.24144/2307-3322.2022.74.77.
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Having analyzed the mechanisms of consumer rights protection in the field of concluding electronic contracts, it is noted that there is no separate definition of the concept of this type of contract in EU law, instead the concept of a distance contract is used. EU law regarding the conclusion of contracts in electronic form allows the use of various forms of negotiations between the parties, which is the main feature of this type of contract. From this, we came to the conclusion that in the process of protecting the rights of consumers in the field of electronic commerce, it is appropriate to use the general concept of a distance contract and apply to it the norms arising from the legislation on the protection of consumer rights.
It is indicated that at the EU level, the system of consumer protection in electronic contracts is horizontal in nature. Thus, the main Directives are Directive 2019/770 «On certain aspects of contracts for the supply of digital content and digital services» and Directive 2019/771 «On certain aspects of contracts for the sale of goods». Together with them, Directive 2011/83 «On Consumer Rights» (CRD) and the new EU Directive «On Better Implementation and Modernization of EU Consumer Rights Protection» (2019/2161/EU) apply when concluding contracts. General EU rules on consumer protection when using electronic payment methods were also established. In January 2018, the existing legal regulation was replaced by Directive No. 2015/2366 «On Payment Services in the Internal Market» (or PSD 2). PSD 2 introduced additional protections for online and mobile payments and strengthened security requirements, which in turn, along with other measures, provided additional guarantees for consumers’ rights to conclude and execute electronic contracts.
It was noted that the judicial practice of the EU Court in the field of consumer rights protection also allows us to assert a constant increase in attention to ensuring more effective protection of the rights of consumers who are parties to electronic contracts. Among the essential mechanisms for guaranteeing the protection of consumer rights, the durable medium principle, which is widely used in judicial practice, means the possibility of using an electronic means of communication that is considered acceptable for providing information. as it allows the client to store information addressed personally to this client in a way accessible to him and for a period of time sufficient for the purposes of the information and which allows the unchanged reproduction of the stored information.
The EU Directive «On Better Enforcement and Modernization of EU Consumer Protection» (2019/2161), part of the «New Deal for Consumers» package, improves the rules for digital developments, such as the transparency of online markets, aimed at guaranteeing equal rights of consumers to «free» digital services, ensuring transparency of consumer feedback, ensuring the possibility of submitting claims for price reductions.
Thus, regulatory regulation and judicial practice in the field of EU consumer rights protection should be taken into account during normative design activities in Ukraine, during bringing legislation into line with EU law, as one of the priority areas of harmonization, and reflecting and taking into account changes in the methods of concluding agreements to guarantee sufficient mechanisms for the protection of consumer rights during the conclusion of electronic contracts.
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KUMARI, ARCHNA. "Consumer Protection Under E- Contract." Paripex - Indian Journal Of Research 3, no. 6 (January 15, 2012): 101–2. http://dx.doi.org/10.15373/22501991/june2014/31.
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Litvinova, Tatyana A. "The Consumer Aspect of Educational Legal Relationships." Legal education and science 2 (February 18, 2021): 12–19. http://dx.doi.org/10.18572/1813-1190-2021-2-12-19.
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Purpose. Research of problems arising in law enforcement practice for the protection of the rights of consumers of educational services. Differentiation of judicial and other ways of protecting educational rights. The correlation of the standards for educational and consumer legislation in resolving disputes on protection of rights of consumers of educational services. Methodology: dialectics, analysis, synthesis, induction and deduction, formal legal method. Conclusions. The legislation on consumer protection applies exclusively to educational services provided on the basis of full reimbursement of training costs, i.e. under the appropriate commutative contracts for the provision of educational services. In order to apply measures to protect the rights of a consumer acting in good faith, it is necessary in each case to establish the scope of service provision in comparison with the degree course scheme. Consumer demands for a significant reduction in the cost of paid educational services in the absence of real grounds are a manifestation of «consumer extremism». Scientific and practical significance. The results obtained in this article can be used in further research to solve the problem, in scientific and pedagogical activities, and in law enforcement activities of bodies dealing with specific disputes. These provisions can also be useful to consumers, since the correct choice of the procedure and method of protection accelerates the achievement of the goal of protecting the violated right.
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Siambaton, Tulus, and Yosua Lorenzo Tarigan. "BENTUK PERLINDUNGAN HUKUM TERHADAP KONSUMEN AKIBAT IKLAN YANG MENYESATKAN PADA MEDIA CETAK." Visi Sosial Humaniora 1, no. 2 (December 18, 2020): 30–41. http://dx.doi.org/10.51622/vsh.v1i2.83.
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This study aims to determine the implementation of legal protection for consumers due to misleading print media advertising against misleading advertisements in print media viewed from Law No. 8 of 1999 on Consumer Protection because, in fact there are still consumers who do not know how the legal protection is due to such misleading advertising.
The method used in the writing of this research is the method of library research that collects data by doing library material or secondary data that includes legislation, books, mass media, and other reading related to the writing of this research and field research methods , which is a research process by collecting data related to obtained directly from the field. In this study the collection of data in the form of interviews obtained at the place of pre-determined interviews.
From the results of research obtain the form of legal protection that can be done by consumers due to misleading print media advertising is in the form of the Institution Consumer Protection Society (LPKSM) which has the task of one is to assist consumers in fighting for rights, which is based on the The Consumer Protection of Law in protecting consumers other than those officially established by the government, in Chapter IX Article 44 and the accountability of the respective business actors are those responsible for providing compensation for damage, pollution and / or consumer loss resulting from the consumption of goods and / or services produced or traded under Article 7, Article 19 paragraph (1) and Article 20 UUPK (The Consumer Protection of Law).