ANALYSIS OF LEGAL PROTECTION FOR
CONSUMERS IN PT MUDA KAYA MENDUNIA
Siti Hapsah Pahira
Universitas Muhammadiyah Cirebon, Indonesia
Email: [email protected]
|
KEYWORDS Legal; consumer;
digital copyright protection |
ABSTRACT PT Muda Kaya Mendunia is the holding company
of Syntax Corporation which is engaged
in educational services, scientific publications and information technology services which has been established since 2012. In
digital business activities
and digital service products offered by PT Muda Kaya Mendunia will have legal consequences against legal events between the company
and consumers and consumer digital copyright protection when using the
services of the company. The study aims to analyze the legal
protection for cosumers in PT Muda
Kaya Mendunia. The type of legal research that is carried out
in a normative juridical manner is normative
juridical where law is conceptualized
as what is written in laws and regulations. Consumers in this case must be
given a variety of special protections
which are very vulnerable to various possibilities that will harm
the consumers themselves from business actors who do not have
good intentions in making
buying and selling transactions online. Online transactions for both business
actors and consumers must have good intentions
from the start. |
INTRODUCTION
The development of
science and technology over time has undergone very rapid and significant
changes. This developing science and technology have a major influence on
everyday human life. Technological advances that have a major impact on human
life, one of which is the internet (Zeinab &
Elmustafa, 2017). In this digital era, various activities can
be carried out using the internet. The existence of internet technology that
has been able to increase efforts to disseminate ideas or ideas. With this
internet network, such a large amount of information and knowledge can be
accessed by humans in all corners of the world (Rahayu et al.,
2022).
With the advent of
internet media, the form of distance and time is no longer an obstacle for
everyone to make transactions (Santoso et al., 2022). In addition to
communicating, the internet unexpectedly before has developed into a medium for
doing business. Buying and selling transactions carried out through internet
media are basically the same as buying and selling transactions in general (Hidayah, 2017).
With this internet trade also
developed virtual business systems, such as virtual stores and virtual
companies, business people run their business and trade through internet
media and no longer rely on real
conventional company business (Heinemann, 2023). With such a
phenomenon, namely the increasingly advanced science and technology which is
the driving force for the productivity and efficiency of producers of the goods
or services they produce in order to achieve business goals, legal protection
of consumers is considered very important. Because in order to pursue
productivity and e, in the end, either directly or indirectly, it is the
consumer who bears the impact (Mamudji et al., 2005).
With the convenience
offered by the internet, it is a natural thing when conventional buying and
selling transactions begin to be abandoned. Currently, transactions through
internet media are preferred because of the convenience offered. Trading
transactions through electronic systems, especially the internet, promise a
number of benefits, but at the same time also have the potential for a number
of losses (Suchak et al., 2005).
The development of
internet technology has caused new problems in the field of law, especially
consumer protection law. Within the scope of legal and technology discussions,
consumer protection is a matter of great effectiveness in the development and
application of these technologies in the community (Suchak et al., 2005). Conversely, the
Consumer Protection Law that is currently in force in Indonesia is still based
on something that is physical but not virtual.
PT Muda Kaya Mendunia is the parent company of Syntax Corporation
which is engaged in educational services, scientific publications and
information technology services that has been established since 2012. In
digital business activities and digital service products offered by PT Muda
Kaya Mendunia will have legal consequences for legal
events between the company and consumers and consumer digital copyright
protection when using the services of the company.
The digital era and
digital creation cannot be avoided, due to the fact that it has become a common
thing that can no longer be separated from life (Amrutha &
Justin, 2019). Digital products/creations have been
generally traded and already have their own consumers/markets. If avoided, it
can actually inhibit growth. Digital products are becoming popular among the
public because they have advantages over physical products, digital products
are considered more efficient and more practical than physical products that
require special storage space to store their products compared to digital
products that do not require a physical place to be stored, the method of
getting digital products by downloading is also an added value because it is
fast and easy to get.
Behind this
convenience there are risks that can occur. This convenience is actually used
by parties who are not authorized to disseminate/ distribute by parties who do
not have rights unlawfully, it is easy for a work to be changed, modified, and
others so that it will trigger violations of digital rights which will later
provide losses for consumers as creators of digital rights and users of digital
services. Based on these problems, it has become important for PT Muda Kaya Mendunia to provide legal protection to consumers in
digital services, especially in digital rights protection.
The form of protection for
the community has many dimensions, one of which is legal protection. The
existence of conflicts of interest in society must be minimized by the presence
of law in society. The existence of legal protection for all Indonesian people
can be found in the Constitution of the Republic of Indonesia 1945 (UUD 1945),
therefore every product produced by the legislature must be able to provide
legal protection for all people. There are several opinions of scholars
regarding legal protection, including:
a)
According to (Rahardjo, 2003), legal protection
is an effort to protect one's interests
by allocating a power to him to act in the framework of his interests.
b)
According to (Hadjon et al., 2011), legal protection
is defined as action toprotect or provide assistance
to legal subjects with legal
instruments. When looking at the definition of legal protection above, it can be
known the elements of legal protection,
namely the objects that protect, objects to be protected by tools, instruments
and efforts used to achieve this protection.
From several
understandings of legal protection above, it can be concluded that legal
protection is an effort to protect the interests of individuals on their
position as human beings who have the right to enjoy their dignity, by giving
them the authority to act in the framework of their interests. According to
Article 1 point 1 of Law No.8 of 1999 concerning Consumer Protection states
that "Consumer protection is "all efforts that ensure legal certainty
to protect consumers". A sentence that states "all efforts that
ensure legal certainty".
(Shidarta & Revisi, 2006) provides
limitations from consumer protection law, namely the overall principles and
rules of law that regulate and protect consumers in their relationships and
problems with providers of consumer goods and / or services. Thus
the Consumer Protection Law is used if between consumers and business actors
who enter into a legal relationship, then problems occur triggered by the
unbalanced position.
Based on the Consumer
Protection Law in Article 1 point (1), it states that, "Consumer
Protection is all efforts that ensure legal certainty to provide protection to
consumers". That is, the government provides legal certainty to consumers
in terms of protection of their rights and interests. Although this Consumer
Protection Law aims to protect the interests of consumers, it does not mean
ignoring the interests of business actors who have an important role in the
world of trade and meeting the needs of the community. According to Article
3 of the Consumer Protection Law, consumer protection aims to:
a)
Increase consumer awareness, ability, and
independence to protect themselves;
b)
Raising the dignity and dignity of consumers
by preventing them from negative access to the use of goods or services;
c)
Increase consumer empowerment in choosing,
determining and demanding their rights as consumers;
d)
Creating consumer protection that contains
elements of legal certainty and information disclosure as well as access to
information;
e)
Growing awareness of business actors about the
importance of consumer protection so that an honest and responsible attitude in
doing business grows.
f)
Improve the quality of goods and/or services
that ensure the continuity of the business of producing goods and/or services,
health, comfort, security, and consumer safety.
In article 1 paragraph 1 of Law Number 28 of 2014
concerning Copyright (UUHC), the definition of copyright is described as
follows: "Copyright is the exclusive right of the creator that arises
automatically based on the declarative principle after a work is realized in
tangible form without prejudice to restrictions in accordance with the
provisions of laws and regulations."
Copyright is a natural
right, is absolute and protected as long as the creator lives and a few years
after the creator dies, in the copyright law the period of protection after the
creator dies is 70 years. As an absolute right, the right can basically be
defended against anyone, who has that right can prosecute every violation
committed by anyone (Riswadi, 2016).
The requirements for a
creation in the fields of art, literature, and science can give birth to
creation, need to meet several criteria, namely: originality and tangible. The
criterion of originality refers to copyright ownership or claims of works. Indicates
that a creation is actually created and comes from the creator. Originality
does not require novelty in a creation, but requires that a creation is true is
the result of the creator's thoughts/creations. Does not give birth to the
copyright of a work / work that imitates the work / work of others or public
domain works (Hidayah, 2017).
The tangible/tangible
criterion means that copyright only protects ideas that have been
expressed/embodied. The work/work must be expressed in a form and medium where
the work can be presented, reproduced, and communicated in a format that is
more than just a temporary expression of material (Hidayah, 2017).
Copyright is an exclusive
right consisting of moral rights and economic rights. It is called an exclusive
right because the right is only reserved for the creator, thus prohibiting/
restricting other parties from using the right without the author's permission.
Copyright holders who are not creators only have part of the exclusive rights,
namely economic rights. Moral rights are distinguished from economic rights,
economic rights contain economic value, while moral rights have no economic
value at all (Saidin, 2015).
Moral rights are inherent
rights of the creator. Moral rights cannot be removed even if the period of
copyright protection has expired. Moral rights cannot be transferred as long as
the creator is still, but can be transferred by will or other causes in
accordance with the provisions of laws and regulations after the creator dies.
Moral rights also include neighboring
rights) (Saidin, 2015).
Economic rights are the
rights for creators or copyright holders to get economic value for their
creations. Activities that can be carried out by economic rights holders are:
publishing works; multiplication of creation in all forms; translation of
works; adaptation; arrangement or transformation of the work; distribution of
the work or copies thereof; show of creation; announcement of creation;
creation communication; and rental of creations (Hidayah, 2017).
These rights not only
provide personal benefits but also give hope for the growth of the creative
economy, the rapid development of the creative economy needs to be fortified
with legal protection so that copyright is the most important basis of the
national creative economy (Ramli et al., 2021). Moreover, the study aims to analyze the legal
protection for cosumers in PT Muda Kaya Mendunia.
RESEARCH METHOD
The type of legal
research carried out in normative juridical is normative juridical where law is
conceptualized as what is written in laws and regulations (law in books)
or law is conceptualized as rules or norms that are a benchmark for human
behavior that is considered appropriate. This normative legal research is based
on primary and secondary legal materials, namely research that refers to the
norms contained in laws and regulations. Data collection in this writing is
carried out by studying documents and related library materials, by collecting
regulatory regulations related to consumer protection law and intellectual
property rights law, as well as searching literature, articles, and books as
material to provide information related to intellectual property law. The types
of legal materials used in this study include primary legal materials,
secondary legal materials, and tertiary legal materials. The data analysis
method of this study uses a qualitative approach. This qualitative approach is
a research procedure that produces analytical descriptive data, namely what is
stated by the research target concerned in writing or orally, and real behavior
(Mamudji et al., 2005).
RESULT AND DISCUSSION
Consumer Protection Law Analysis
Before entering into
the substance related to the provisions of the UUPK, it is better for us to
first recognize some familiar terms from consumers. The consumer discussed in
this case is every user of goods or services for the needs of themselves, family
or household, and not to produce other goods/ services or trade them again,
there is a consumer transaction which means the process of transferring
ownership or enjoyment of goods or services from the provider of goods or
service providers to consumers (Shidarta & Revisi, 2006).
Article 4 of the Law
states that consumer rights include; the right to choose goods and/or services
and obtain such goods and/or services in accordance with the exchange rate and
conditions and guarantees promised; the right to true, clear, and honest
information regarding the conditions and guarantees of goods and/or services;
The right to get compensation, compensation and/or replacement, if the goods
and/or services received are not in accordance with the agreement or are not as
they should be (Setyawati et al., 2017).
On the other hand,
obligations for business actors in accordance with Article 7 of the Law
include; provide true, clear and honest information about the condition and
warranty of goods and/ or services and provide explanations of use, repair and
maintenance; Provide compensation, compensation and/or replacement if the goods
and/or services received or utilized are not in accordance with the agreement.
More strictly
speaking, Article 8 of the Law prohibits business actors from trading
goods/services that are not in accordance with the promises stated in the
label, etiquette, description, advertising or sales promotion of these goods
and/or services. Based on this article, the incompatibility of the
specifications of the goods you receive with the goods listed in the
advertisement/ photo of the offer of goods is a form of violation / prohibition
for business actors in trading goods.
So, consumers in
accordance with Article 4 Letter h of the UUPK are entitled to compensation,
compensation and / or replacement if the goods and / or services received are
not in accordance with the agreement or not as it should be. Meanwhile, the
business actor himself in accordance with Article 7 Letter g of the PK Law is
obliged to provide compensation, compensation and / or replacement if the goods
and / or services received or utilized are not in accordance with the
agreement. If business actors do not carry out their obligations, business
actors can be punished based on Article 62 of the Law, which reads:
"Business actors who violate the provisions as referred to in Article 8,
Article 9, Article 10, Article 13 paragraph (2), Article 15, Article 17
paragraph (1) letter a, letter b, letter c, letter e, paragraph (2) and Article
18 shall be punished with a maximum imprisonment of 5 (five) years or a maximum
fine of IDR 2,000,000,000.00 (two billion rupiah).
Legal Protection of Digital Copyright Works
The development of
the times makes many new technologies emerge, this can also affect creation.
Creations that were once traditional forms can be made in digital form or
creators can make creations in digital form. In principle, a copyright work in
traditional form that is made into digital form will not lose its copyright
protection, nor will a copyright work that is indeed made in digital form the
copyrighted work also gives birth to copyright, as long as the copyright work
meets the criteria of the work.
Digital copyrighted
works do have several advantages over traditional copyrighted works, for
example regarding the ease of distribution, announcement, and others. But
behind this convenience, copyright infringement is also often easy to occur,
causing an increase in the number of violations. There are several factors that
make a digital work copyright infringement increase, namely:
a)
The ease with which digital copyrighted works
are copied, copying traditional copyrighted works will usually not be similar
to the original work, takes a lot of time and requires other tools. Conversely,
digital copyrighted works are very easy to copy / duplicate and the results are
almost indistinguishable from the original, the process is fast and cheap
because it can be done virtually with just a computer.
b)
The ease and speed of dissemination of digital
copyrights. Traditional copyrights are published in physical form and
distributed by land, water, and air, while digital copyrights are distributed
virtually, for example through the internet. In the dissemination of
traditional copyrighted works, there is a time gap between their creation,
dissemination, and availability. Digital copyrighted works have almost no time
gap, dissemination can occur as soon as possible. Greatly cut the time required
for a traditional copyrighted work. Digital copyrights are also more efficient
than traditional copyrighted works in terms of where a work is stored.
c)
It is easy for a digital copyright work to be
manipulated. A digital copyrighted work can be freely manipulated or modified
without compromising the quality of the original copyrighted work. It may
happen that the creator's name may be changed, omitted, or added.
The convenience
provided by digital copyright works turns out to be accompanied by losses that
are easily done by parties who do not have rights. Therefore, digital
copyrighted works require more protection than traditional copyrighted works.
Traditional copyright protection methods cannot be implemented immediately for
digital copyrighted works. The change from traditional to digital copyrighted
works is assisted by technology, it can also utilize technology to protect
digital copyrighted works. Collaboration between technology and the law is needed,
such as including the regulation of the use of safeguarding technology against
copyright protection of digital works included in the positive law of
copyright.
Forms of Protection
for Consumers Who Are Harmed at PT Muda Kaya Mendunia
Legal protection is
all efforts to fulfill rights and provide assistance to provide a sense of
security to witnesses and/ or victims, legal protection for victims of various
forms of crime, such as through the provision of restitution, compensation,
medical services, and legal assistance (Shidarta & Revisi, 2006).
The form of
protection provided by PT Muda Kaya Mendunia is
preventive and repressive protection. Protection in its preventive form is that
PT Muda Kaya Mendunia protects and works very
professionally in providing protection to its consumers. An example of the form
of preventive protection, PT Muda Kaya Mendunia has
prepared a page that has access to complaints if things happen that are not in
accordance with consumer expectations.
The form of
repressive protection is outside the general court, the Consumer Protection Law
(UUPK) makes a breakthrough by facilitating consumers who feel aggrieved by
filing a lawsuit to business actors outside the court, namely the Consumer
Dispute Settlement Agency (BPSK). BPSK is a special consumer court that is expected
to answer the demands of the community so that the litigation process runs
quickly, simply, and cheaply.
The litigation
process in BPSK can be categorized as a simple process. A simple process means
that the examination or resolution of disputes is carried out only on consumer
disputes. Without a consumer or who represents him as a party, the dispute is
not a consumer dispute. Arbitration or alternative dispute resolution or Alternative Dispute Resolution (ADR).
Repressive protection for final protection, PT Muda Kaya Mendunia
provides compensation to consumers who experience losses when transacting
electronically, in the form of refunds according to the amount paid to the
consumer's member number deposit.
CONCLUSION
Consumers in this
case must be given various special protections which are very vulnerable with
various possibilities that will harm the consumers themselves from business
actors who do not have good intentions in conducting online buying and selling
transactions. Online transactions for business actors and consumers must have
good faith from the beginning.
The development of
science and technology provides many changes. One of them is internet
technology that has an impact on the introduction of the digital world. Digital
development began to change human behavior to a creation. Creations that were
once traditional can now be transformed into digital forms. A digital copyright
work can use the internet for ease of announcement and dissemination. But
behind the convenience provided, there is a negative impact, namely the easier
and more massive copyright infringement of digital copyright works by parties
who do not have rights.
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Copyright holders:
Siti Hapsah
Pahira (2023)
First publication
right:
Devotion - Journal of Research and Community Service
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