Pasal 33 Undang - Undang Dasar Negara Republik Indonesia Tahun 1945 Dan Penerapannya Dari Masa Ke Masa Sejak Era Pemerintahan Soekarno, Soeharto, Dan Pemerintahan Era Reformasi

Consumers\u27 protection ultimately depends on how the institutions on this matter respond, handle, and document all sorts of issues or claims reported by consumers. The Agency for the Settlement of Consumers\u27 Disputes (BPSK) in this respect serves as an alternative off-court solution to any disputes related to consumers\u27 right protection as stipulated in UU No.8/1999 on consumers\u27 rights. In fact, the findings of assessment conducted by the National Agency for Consumers\u27 Protection (BPKN-RI) reveal that the operating procedures of LPKSMs have contributed to the better performance of the existing BPSKs in serving the BPSKs\u27 functions as required by UUPK 1999, that is, to protect consumers\u27 right. Focusing on consumers\u27 financing scheme, this study suggests that BPSKs have successfully managed to prevent consumers\u27-protection related cases from remaining unsolved. The handling of these cases—which is under the Junior Chief Justice\u27 supervision and which is a big success—should be appreciated despite the institution\u27s lack of sufficient law of procedure. The government should therefore put the revised decree (on the Ministries of Industry and Trade dated December 10 2001 on BPSK\u27s job description) into effect. So far (until 2013) this decree, which was formulated by an expert team in 2006 and was completed in 2007, has not been put into effect even with the disharmony of control on this matter

Pasal 33 Undang - Undang Dasar Negara Republik Indonesia Tahun 1945 dan Penerapannya dari Masa ke Masa sejak Era Pemerintahan Soekarno, Soeharto, dan Pemerintahan Era Reformasi

AbstractConsumers’ protection ultimately depends on how the institutions on this matter respond, handle, and document all sorts of issues or claims reported by consumers. The Agency for the Settlement of Consumers' Disputes (BPSK) in this respect serves as an alternative off-court solution to any disputes related to consumers’ right protection as stipulated in UU No.8/1999 on consumers’ rights. In fact, the findings of assessment conducted by the National Agency for Consumers’ Protection (BPKN-RI) reveal that the operating procedures of LPKSMs have contributed to the better performance of the existing BPSKs in serving the BPSKs’ functions as required by UUPK 1999, that is, to protect consumers’ right. Focusing on consumers’ financing scheme, this study suggests that BPSKs have successfully managed to prevent consumers’-protection related cases from remaining unsolved. The handling of these cases—which is under the Junior Chief Justice’ supervision and which is a big success—should be appreciated despite the institution’s lack of sufficient law of procedure. The government should therefore put the revised decree (on the Ministries of Industry and Trade dated December 10 2001 on BPSK’s job description) into effect. So far (until 2013) this decree, which was formulated by an expert team in 2006 and was completed in 2007, has not been put into effect even with the disharmony of control on this matter.Keywords: Optimization, the Agency for the Settlement of Consumers' Disputes, the National Agency for Consumers’ Protection, Consumers’ Financing Scheme, Dispute, Consumers’ Claim, disharmony of ControlAbstrakReferensi sahih dalam perlindungan konsumen digantungkan pada bagaimana berbagai lembaga-lembaga perlindungan konsumen menangkap, menangani dan mendokumentasikan berbagai masalah pengaduan-pengaduan konsumen. Badan Penyelesaian Sengketa Konsumen (BPSK) merupakan salah satu lembaga alternatif penyelesaian sengketa perlindungan konsumen di luar pengadilan yang diamanatkan Undang-undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen (UUPK 1999). Pada kenyataannya, dari sejumlah assessment Badan Perlindungan Konsumen Nasiona Republik Indonesia (BPKN-RI) yang dilakukan di lapangan diketahui bahwa cara kerja LPKSM-LPKSM turut mendorong dan mempengaruhi kinerja BPSK-BPSK yang sudah beroperasi untuk berperan lebih aktif sesuai tugas pokok organisasi (tupoksi) berpihak pada perlindungan konsumen sejalan dengan latar belakang filosofis pemberlakuan UUPK 1999. Fokus kajian penulis pada topik pembiayaan konsumen menunjukkan sukses BPSK-BPSK dalam mencegah terjadinya penumpukan perkara-perkara perlindungan konsumen yang menjadi tanggung jawab Ketua Muda Mahkamah Agung Republik Indonesia (MA-RI) Urusan Perdata Khusus pada tingkat kasasi, layak untuk diapresiasi di tengah-tengah berbagai kendala keterbatasan yang dialami BPSK-BPSK tersebut, antara lain hukum acara yang mengaturnya. Pemerintah perlu segera memberlakukan revisi Keputusan Menteri Perindustrian dan Perdagangan RI tanggal 10 Desember 2001 tentang Pelaksanaan Tugas dan Wewenang Badan Penyelesaian Sengketa Konsumen yang revisinya sudah diselesaikan oleh satu tim ahli (2006-2007) namun hingga kini (2013) revisinya pun belum diberlakukan dalam situasi dimana terjadi disharmonisasi pengaturan.Kata Kunci: Optimalisasi, Badan Penyelesaian Sengketa Konsumen, Badan Perlindungan Konsumen Nasional, Pembiayaan Konsumen, Sengketa, Pengaduan Konsumen, Hukum Acara, Disharmonisasi Pengatura

Asymmetric Decentralization on the Recognition of Customary Law Community Units turned Customary Villages in Indonesia

Transformation from a customary law community unit (kesatuan masyarakat hukum adat) in Indonesia into a customary village (desa adat) indicates a move enacted by the government of Indonesia to promote asymmetric decentralization. The problem that arises therein is the loss of self-governing community autonomy when the autonomy is combined with local self-government functions, especially when the supervision from the central government to local units in each local government becomes too excessive. As such, the study aims to examine how asymmetric decentralization affects the paradigm of recognition of government functions (local self-government) in customary law community units turned customary villages. The focus of this research is on the recognition of the Baduy tribe in Kanekes Village, Leuwidamar District, Lebak Regency, Banten Province as a customary village. The output of this research is to know the consequences of adopting asymmetric decentralization to the paradigm of local self-government in customary law community units that become customary villages

THE OVERLAPPING OF REGULATIONS ON MARINE RESOURCES LAW ENFORCEMENT AND CUSTOMARY LAW AS AN ALTERNATIVE TO CONFLICT SETTLEMENT IN THE KEI ISLANDS

This research is socio-legal research with an ethnographic approach regarding the resolution of maritime resource conflicts in the Kei Islands and the conditions of current state laws and regulations. This article discusses how the overlapping of laws and regulations occurs in law enforcement on marine resource management and how customary law is an alternative for resolving conflicts over marine resources in the Kei Islands. This study found that so many laws and regulations besides helping to create legal order can also have an impact in the form of overlapping authorities between state agencies. On the other hand, the resolution of maritime resource conflicts in practice does not always depend on the positive law of the state alone. Another fact is often found that the community and even the state apparatus also accommodate customary law in resolving conflicts that occur. However, this form of settlement developed into a hybrid form.Keywords: the overlapping regulations, Kei customary law, hybrid legal systems

The Fault in Traditional and Formal Approaches to Domestic Violence: A Call for Reform in West Sumatra

The number of domestic violence cases against women increases every year and is a constant occurrence in almost all of Indonesia’s provinces. Instead of being a ‘home sweet home’, the homes of domestically abused women become their realized nightmare. Domestic violence occurs not only in patrilineal societies, but also in societies that adopt a matrilineal system. This becomes a contradiction as it is expected that a matrilineal system would enable women to occupy a higher social and economic status than men, thus affording them more leverage in the domestic realm. In fact, data shows that domestic violence in West Sumatra, inhabited by the matrilineal Minangkabau society, is prevalent. Considering the dominance of customs (adat) in Minangkabau, this paper studies the resolution of domestic violence by focusing on the plurality of legal orders in West Sumatra, especially the Tanah Datar district. With prior knowledge on the co-existence of adat and State law, this research questions the roles that each system plays in providing protection and access to justice for women victims of domestic abuse, especially since the enactment of the national Law on the Eradication of Domestic Violence in 2004. The Minangkabau society is famous for having traditional institutions that are given the authority to deal with domestic problems and this autonomy has a big chance of jeopardizing women victims’ safety by inhibiting access to the legal assistance they need. Through a socio-legal studies research, this paper presents the findings of field research in Tanah Datar district involving adat, religion and State actors. This paper concludes that a major institutional reform is the necessary measure to take in order to provide women victims the safety, autonomy and justice they deserve

Consumer Empowerment: Safeguarding Consumer Rights Through BPSK’s Arbitration Post the Constitutional Court Decision

The arbitration decision by BPSK, can be filed with objections in accordance with Law 8/1999 and annulment under Law 30/1999. These two actions raise questions related to the arbitration process to resolve consumer disputes, consumer protection, and the impact of the Constitutional Court’s decision on the annulment of arbitration awards. This is because both actions are contrary to the final and binding nature of the arbitration award. Through the doctrinal research method, it was found that three years since the Constitutional Court’s Decision, there has been an increase in decisions related to the annulment of arbitration awards and objections to BPSK decisions. The Constitutional Court Decision has two contrary impacts. It makes easier for the aggrieved party in the process of resolving consumer disputes through arbitration to file for annulment or objection. Meanwhile, it also makes the process of consumer protection through arbitration lose its final and binding force

The Co-existence of Laws Regarding Domestic Violence Case Settlement: Rote Island, East Nusa Tenggara, Indonesia

Domestic violence has long been an adversity, which many women have to endure and even accept, especially in places where patriarchy reigns. Unlike other forms of violence against women, domestic violence is particularly special because of its private and sensitive nature. In the island of Rote in East Nusa Tenggara, Indonesia, domestic violence is a serious social and cultural issue. People in Rote continue to practice their customary laws despite formal state laws that offer better justice for victims, at least from the perspective of women’s rights and feminism. This article elaborates on customary laws used to settle domestic violence cases in Rote Island, East Nusa Tenggara, Indonesia. The research is structured into three parts. The first part discusses the existing formal state laws and analyzes its norms against the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), the second part highlights the culture and domestic violence in Rote Island, and the third part explores the three choices of laws used in Rote Island to resolve cases of domestic violence, within it also the discussion of how these laws coexist in that regard. Stories of these settlements were gained through qualitative research in Rote. Semi-structured interviews were conducted towards women, church leaders, maneleo (the head of clan who acts as a medium for parties in dispute), and adat (traditional cultural group) members. Focus Group Discussions (FGD) were conducted prior to the interviews to gain general knowledge of the customary practices on the island. It was found that the belis (dowry system) in Rote implies that women are required to obey the men because by belis the men have “bought” the women. The belis strengthens the patriarchal culture in East Nusa Tenggara in general and in Rote Island. The findings of this paper also show that customary law and church law are the communities’ first option when it comes to resolving cases of domestic violence, although the formal state law normatively offers better protection and justice for victims

MANFAAT PENAMBAHAN TEPUNG KUNYIT (Curcuma domestica Val) DAN TEPUNG JAHE (Zingiber officinale) TERHADAP KUALITAS BAKSO ITIK AFKIR DENGAN LAMA PENYIMPANAN YANG BERBEDA

The aim of the research was to determine the advantage of tumeric flour (Curcuma domestica Val) and ginger flour (Zingiber officinale) addition on quality of culled duck meatball in different storage times. The materials were thigh duck, tumeric flour and ginger flour. The design used in experiment was a Completely Randomized Design (CRD) with factorial pattern 4x3 as the first factor was concentration of turmeric flour (0; 0.5; 1.0; 1.5%) and ginger flour (0; 1; 2; 3%) and the second one was storage time (0; 8; 16 hours). The result of the research showed that storage time affected (P<0.05) pH, tenderness and waterholding capacity. Concentration of tumeric flour and ginger flour affected tenderness.There was no interaction between those two factors on pH, water-holding capacity, tenderness,and total proteolitic bacteria. Concentration of turmeric flour 0,5% and ginger flour 1% with storage time during 0 hours gave the best result, with a pH value 6.49, tenderness 0.31, water-holding capacity 22.27, and a total proteolytic bacteria , 3.57x104. In conclusion, the finest result founded at 0.5% of turmeric flour and 1% of ginger flouraddition in meatball before storage.(Keywords: Culled duck, Ginger flour, Meatball, Storage time, Tumeric flour