Sunday, September 29, 2019

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Thursday, September 19, 2019

Pengabdian masyarakat

Consumer Independence is Related to the Protection of Consumer Rights Oleh: Riska Fitriani , Maryati Bachtiar, Emilda Firdaus, Dasrol Email: fitika.lw@gmail.com Riau University Consumers have the right to comfort, security, and safety in consuming goods and services, the right to choose goods and services and to obtain goods and services in accordance with the exchange rate and conditions and guarantees promised. Then the consumer has the right to true, clear and honest information about the conditions and guarantees of goods and services, the right to be heard and complaints about the goods and services used, the right to obtain advocacy, protection, and efforts to resolve consumer protection disputes appropriately, the right to receive compensation, compensation or compensation if the goods and services received do not meet the quality or not as required. However, indeed in reality, sometimes consumers are often in a disadvantage and their bargaining power is weak. This is because they do not understand their rights and sometimes they consider it an ordinary matter. For this reason, a massive movement must be built between elements of society who care about advocating for the interests of consumers. According to Article 1 Number 2, Consumer is every user of goods and / or services available in the community, both for the benefit of themselves, their families, other people and other living things and not for trading. The development of trading systems such as through various media is very beneficial for consumers in meeting the needs of the desired goods and / or services can be fulfilled and the wide open freedom to choose various types and quality of goods and / or services. However, the needs of these consumers are sometimes often illustrated that the position of business actors and consumers becomes unbalanced and consumers are in a weak position. Consumers become the object of business activities for business actors to get the maximum profit through various ways of promotion, sales methods, and the application of standard agreements often harming consumers. So that legal protection is needed for the interests and rights of consumers, as stipulated in Article 1 Number 1 Consumer protection is all efforts that guarantee legal certainty to provide protection to consumers, so that it can be done through community service programs. The development of consumer needs is not always followed by the level of consumer awareness of their rights so there are still many who do not know the rights of consumers. One reason is the lack of consumer attention to the condition of goods that are worthy or not consumed. Therefore, the law protects consumer rights and is expected to be a strong legal foundation for the government and non-governmental protection institutions to empower consumers through consumer education and guidance. Of course, it is highly expected that Law No. 8/1999 on Consumer Protection can protect consumer rights and be followed by government responsibilities. So that the need for protection for consumers as regulated in Article 3 of this law. So the need for smart consumers in choosing food to be consumed as mandated by the law. Keywords: Independence, Rights, Consumers 1. Introduction The number of goods and service products is greatly influenced by technological developments and the complex needs of the community in various ways for businesses to promote and trade systems. This development can provide benefits to consumers to meet all their needs and freedom in choosing the type and quality of goods and / or services needed. According to Article 1 Number 2, Consumer is every user of goods and / or services available in the community, both for the benefit of themselves, their families, other people and other living things and not for trading. The development of trading systems such as through various media is very beneficial for consumers in meeting the needs of the desired goods and / or services can be fulfilled and the wide open freedom to choose various types and quality of goods and / or services. However, the needs of these consumers are sometimes often illustrated that the position of business actors and consumers becomes unbalanced and consumers are in a weak position. Consumers become the object of business activities for business actors to get the maximum profit through various ways of promotion, sales methods, and the application of standard agreements often harming consumers. So that legal protection is needed for the interests and rights of consumers, as stipulated in Article 1 Number 1 Consumer protection is all efforts that guarantee legal certainty to provide protection to consumers, so that it can be done through community service programs. The development of consumer needs is not always followed by the level of consumer awareness of their rights so that there are still many who do not know the rights of consumers. One reason is the lack of consumer attention to the condition of goods that are worthy or not consumed. Therefore, the law protects consumer rights and is expected to be a strong legal basis for the government and non-governmental protection institutions to empower consumers through consumer education and education (Sudikno Mertokusumo: 1991) Certainly very expected with the existence of Law Number 8 Year 1999 concerning Consumer Protection can protect consumer rights and be followed by government responsibilities. So the need for protection for consumers as regulated in Article 3 of this law: Consumer protection aims: increase awareness, ability and independence of consumers to protect themselves; lift up the dignity of consumers by avoiding them from negative excesses in the use of goods and / or services; increase consumer empowerment in choosing, determining and claiming their rights as consumers; creating a consumer protection system that contains elements of legal certainty and information disclosure and access to information; foster awareness of business actors about the importance of consumer protection so that honest and responsible attitudes in the business grow; improve the quality of goods and / or services that guarantee the continuity of the business of producing goods and / or services, health, comfort, security and consumer safety The existence of this law is quite representative if it has been understood by all parties, because it also includes efforts to create a consumer protection system that contains elements of legal certainty and information disclosure as well as access to information, fostering awareness of business actors about the importance of protection, consumers so that attitudes grow honest and responsible in their endeavors, their obligation to improve the quality of goods and services that ensure the continuity of the business of producing goods and services, health, comfort, security and consumer safety. Then in the Consumer Protection Act, it regulates the prohibition of business actors who do not follow the provisions of halal production, as stated in the "halal" statement stated in the label (Putrawan: 2002). And various issues related to violations of consumer protection laws as in the picture below: Consumers have the right to comfort, security, and safety in consuming goods and services, the right to choose goods and services and to obtain goods and services in accordance with the exchange rate and conditions and guarantees promised. Then the consumer has the right to true, clear and honest information about the conditions and guarantees of goods and services, the right to be heard and complaints about the goods and services used, the right to obtain advocacy, protection, and efforts to resolve consumer protection disputes appropriately, the right to receive compensation, compensation or compensation if the goods and services received do not meet the quality or not as required. However, indeed in reality, sometimes consumers are often in a disadvantage and their bargaining power is weak. This is because they do not understand their rights and sometimes they consider it an ordinary matter. For this reason, a massive movement must be built between elements of society who care about advocating for the interests of consumers. The role of institutions engaged in consumer protection becomes important, these roles are recognized, of course, also must be controlled by the government. Consumer protection institutions that are independently established by the community have the opportunity to play an active role in realizing consumer protection. Consumer protection institutions have a role to disseminate information in order to increase awareness of the rights and obligations and caution of consumers in consuming goods and services, provide advice to consumers who need it, and cooperate with relevant agencies in efforts to realize consumer protection, assist consumers in fighting for their rights , including receiving consumer complaints or complaints, conducting joint supervision by the government and the public on the implementation of consumer protection. In Law Number 8 of 1999, what is meant by Non-Governmental Consumer Protection Institutions is a non-governmental organization registered and recognized by the government which has activities to handle Consumer Protection (Az, Nasution, 1998). There are a number of things that need immediate attention in government responsibility, before further conditions and the position of consumers as users of goods and / or services are getting weaker and there is no balance between business actors and consumers who only exploit consumers for trade and gain profits. as big as possible, so that consumers need to be smart in choosing food to be consumed as mandated by the law Based on the description above, it is necessary to foster community related to the Protection of the Rights of Food Consumers in Pelalawan Regency as the Application of Law Number 8 of 1999 Concerning Consumer Protection, Desa Bandar Sekijang. The alternatives to solve the existing problems are as follows: What are the forms of the rights and obligations of consumers and businesses in meeting the needs of the community for goods and services? What is the responsibility of the government towards protecting the rights of consumers against the circulation of goods and services in Pelalawan Regency?  The dedication article aims to do this counseling in order to increase public awareness of the products consumed as well as to know the rights as consumers, and how to protect consumers and the government's responsibility for the supervision of products circulating in the community. 2. Theoretical Framework and Hypothesis Development The development and complexity of goods and service products in people's daily lives is very necessary for supervision of the distribution of goods and services consumed by the government by the government, as well as by the Food and Drug Control Agency (BPOM) and related departments that issue production permits , trade and circulation of a product. So that products that can endanger consumers can be monitored and avoided circulation. Like the case of formalin in salted fish, tofu, HIT and also isotonic drinks that can endanger the health of consumers. Various types of products that are not suitable for consumption are widely circulated in the community, but the government cannot always supervise due to the lack of officers such as BPOM and related agencies, while the scope of the task area is very broad, so often not monitored. Then, the problem of coaching towards business actors must also be considered in order to grow their awareness not to produce products that are not of quality and sell them to consumers. Furthermore, legal action must be firm so that it does not become a bad event and the incident is repeated. For that, consumers also need to increase awareness, knowledge, care, ability and independence of consumers to protect themselves. The promotion of consumer protection must be carried out especially for the lower middle social strata, assuming that it is for consumers from the lower middle strata that they are more vulnerable to problems that require consumer protection due to their lack of understanding. Improving the quality of goods and / or services that guarantee the continuity of the business of producing goods and / or services, health, comfort, security and consumer safety. Consumer rights in Law No. 8/1999 are clearly regulated. Consumers have the right to comfort, security, and safety in consuming goods and services, the right to choose goods and services and to obtain goods and services in accordance with the exchange rate and conditions and guarantees promised. Then the consumer has the right to true, clear and honest information about the conditions and guarantees of goods and services, the right to be heard and complaints about the goods and services used, the right to obtain advocacy, protection, and efforts to resolve consumer protection disputes appropriately, the right to receive compensation, compensation or compensation if the goods and services received do not meet the quality or not as required. However, indeed in reality, sometimes consumers are often in a disadvantage and their bargaining power is weak. This is because they do not understand their rights and sometimes they consider it an ordinary matter. For this reason, a massive movement must be built between elements of society who care about advocating for the interests of consumers. Understanding of consumers and the birth of consumer protection law a. Consumer understanding Consumer, that is, every user of goods or services for the needs of the family or household, and not to produce other goods / services or trade them again. Consumers as a language transfer from costumer, literally means "someone who buys goods or uses services", or "someone or something a company that buys certain goods to use certain services", also "something or someone who uses an inventory or a number of goods". There is also another meaning, namely the consumer is "every person who uses goods or services. Then the Consumer Product Safety Commission brings demands against producers and commercial operators of an amusement park trip to order its operations. b. The Birth of the Consumer Protection Act On April 20, 1999 the government of the Republic of Indonesia issued and promulgated Law Number 8 of 1999 concerning Consumer Protection. The law on consumer protection is expected to be able to educate the Indonesian people to be more aware of all the rights and obligations they have towards business actors, as we can read from the considerations of this Act, which says that to improve the dignity of consumers it is necessary increase awareness, knowledge, care, ability, and independence of consumers to protect themselves, and foster the attitude of responsible business people. This law on consumer protection refers to the philosophy of national development that national development including the development of laws that provide protection for consumers is in the framework of the development of Indonesian people as a whole based on the state philosophy of the Republic of Indonesia, namely the foundation of the Pancasila state and the state constitution of the 1945 Constitution . c. Understanding Consumer Protection Law In Article 1 Number 1 of Law Number 8 of 1999 concerning Consumer Protection, what is meant by consumer protection are all efforts that guarantee legal certainty to provide protection to consumers. The formulation of the definition of consumer protection contained in Article 1 Number 1 of Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as the Consumer Protection Law / UUPK) is sufficient. The sentence which states "all efforts that guarantee legal certainty", is expected to be a stronghold to negate arbitrary actions that harm businesses only for the sake of consumer protection. Although this law is referred to as the Consumer Protection Act (UUPK), it does not mean that the interests of business actors are not a concern, especially because the existence of the national economy is largely determined by business actors. a. Principles and objectives of consumer protection The principle of consumer protectionArticle 2 of Law Number 8 of 1999 concerning Consumer Protection states consumer protection is based on benefits, justice, balance, security and consumer safety, as well as legal certainty. Consumer protection is held as a joint effort based on 5 (five) relevant principles in national development, namely: The principle of benefit is intended to mandate that all efforts in carrying out consumer protection must provide the greatest possible benefits for the interests of consumers and business actors as a whole. The principle of justice is intended so that the participation of all people can be realized to the maximum and provide opportunities for consumers and businesses to obtain their rights and carry out their obligations fairly. The principle of balance is intended to provide a balance between the interests of consumers, business people, and the government in the material and spiritual sense. The principle of consumer security and safety is intended to provide guarantees for security and safety to consumers in the use, use and utilization of goods and / or services that are consumed or used. The principle of legal certainty is intended so that businesses and consumers obey the law and obtain justice in carrying out consumer protection and the state guarantees legal certainty. 2) The Purpose of Consumer Protection In Article 3 of Law Number 8 of 1999 concerning Consumer Protection which states consumer protection aims: Increase consumer awareness, ability and independence to protect themselves; Promotes the dignity of consumers by avoiding them from the negative excess of using goods / or services; Increasing the empowerment of consumers in choosing, determining and claiming their rights as consumers. Creating a consumer protection system that contains elements of legal certainty and information disclosure and access to information; Raising awareness of business actors regarding the importance of consumer protection so that honest and responsible attitudes in the business grow; Improve the quality of goods and / or services that guarantee the continuity of the business of producing goods and / or services, health, comfort, and consumer safety. " b. Consumer rights and obligations 1) Consumer rights Article 4 of Law Number 8 of 1999 concerning Consumer Protection which includes consumer rights are: The right to comfort, security and safety in consuming goods and / or services; The right to choose and obtain goods and / or services in accordance with the exchange rate and the conditions and guarantees promised; The right to correct, clear and honest information about the conditions and guarantees of goods and / or services; d) Right to be heard and complaints about goods and / or services used; The right to obtain advocacy, protection and efforts to resolve consumer protection disputes appropriately; Right to receive guidance and consumer education; The right to be needed or served properly and honestly and not discriminatory; The right to receive compensation, compensation and / or replacement, if the goods and / or services received do not comply with the agreement or are not as intended; Rights regulated in other statutory provisions. " 2) Consumer obligations In Article 5 of Law Number 8 of 1999 concerning Consumer Protection which states the consumer's obligations as follows: Read or follow information instructions and procedures for the use or utilization of goods and / or services for security and safety; Good intentions in conducting transactions for the purchase of goods and / or services; Pay according to the agreed exchange rate; Following efforts to properly resolve consumer protection disputes. 3. Research method The stages in the implementation of activities are divided into two parts, the first stage of research and the second is the stage of activity implementation. The method used is: a. Types of research This article is a Dedication Result The type of research that will be used is sociological research, which is to find out the implementation of Legal Education of legal protection of consumer rights to goods and services. b. Research sites The research location is Bandar Sekijang District, Pelalawan Regency. c. Respondents The respondents of this dedication are PKK group members and the community of Bandar Sekijang District. d. Data source Data sources used are primary data, secondary data and tertiary data. Data collection technique The data collection technique used is library research. Data analysis The data that has been collected will be analyzed qualitatively by using sentence descriptions to explain the relationship between existing theories and the reality in the field. Preparation Stage Data from the research results are collected, then proceed with the compilation of data found in the field that are associated with consumer rights and other related regulations so that a conclusion can be drawn. From a conclusion can be used as sufficient material to be published through counseling to the community. 2) Implementation Stage The implementation of coaching activities regarding the existence of legal protection to the public as consumers is carried out by lecturing on consumer rights and how the role of government or non-governmental organizations. 3.1. Problem solving techniques This stage is carried out as the end of all activities, namely collecting all data from the results of counseling development activities, then continued by writing reports and evidence of activities in the field in the appendix. After that the final report was refined through editing and submitting the report to the Research Institute and Community Service of the University of Riau. 3.2. Accuracy Measurement Tool The activeness and response of the community to the material presented; The content and quality of the presentation of material; There is a need for responsive action taken by the government after the activity is carried out in order to better inform all groups of people about the importance of providing understanding to the public about the importance of knowing the rights of consumers and increasing consumer awareness in choosing products that are suitable for consumption. 4. Results and Discussion 4.1 General Overview of the Target Communities This service will be conducted in Pelalawan Regency. Pelalawan Regency with an area of ​​13,924.94 km², is divided by the Kampar River flow, and in this area is a meeting between the Kampar River and Kampar Kiri River. Pelalawan Regency has several relatively large islands, namely: Mendol Island, Serapung Island and Muda Island as well as small islands such as: Tugau Island, Labuh Island, Baru Island Ketam Island, and Untut Island. The area structure is low land and hills, lowlands stretching eastward with an area of ​​93% of the total. Physically part of this region is a conservation area with soil characteristics in certain parts are acidic and is organic soil, brackish ground water, humidity and air temperatures are rather high. This effort to protect consumers and empowerment is important because it is not easy to expect the awareness of business actors, which in essence is the economic principle of business actors is to get the maximum benefit with minimum capital. This principle is potentially detrimental to the interests of consumers, both directly and indirectly, so the need for guidance to the public in choosing the consumption of food sold by businesses. Consumer protection focuses on efforts to increase awareness, ability and independence of consumers to protect themselves, lift the dignity of consumers by avoiding the negative excesses of the use of goods and services, increasing consumer empowerment in choosing, determining and demanding their rights as consumers. Article 5 of the Consumer Protection Act, Consumer Rights are: The right to comfort, security and safety in consuming goods and / or services; The right to choose goods and / or services and obtain said goods and / or services in accordance with the exchange rate and conditions and guarantees promised; The right to correct, clear and honest information about the conditions and guarantees of goods and / or services; The right to be heard his opinions and complaints on goods and / or services used; The right to obtain advocacy, protection and efforts to resolve consumer protection disputes appropriately; The right to receive guidance and consumer education; Right to be treated or served properly and honestly and not discriminatory; Right to receive compensation, compensation / compensation, if the goods and / or services received do not comply with the agreement or are not as intended; Rights regulated in other statutory provisions. Article 5 of the Consumer Protection Act, Consumer Obligations are: Read or follow information instructions and procedures for the use or utilization of goods and / or services, for security and safety; Good intentions in conducting transactions to purchase goods and / or services; Pay according to the agreed exchange rate; Following efforts to resolve disputes in consumer protection law properly. Alignments to consumers are intended to increase the attitude of high care towards consumers (wise consumerism). To increase consumer awareness and awareness, consumers also have the obligation to read or follow information instructions and procedures for the use or use of goods and services, for security and safety. Based on laws and regulations, supervision is a series of activities beginning with visible observations, testing, research and surveys of goods and services circulating in the market, to ensure the suitability of goods and / or services in meeting the quality standards of production of goods and / or services, label inclusion , standard clauses, how to sell, advertise and sell after goods and / or services. In order for supervision to be carried out more effectively, another step that must be taken is to increase the participation of the Government, Society and Non-Governmental Consumer Protection Institutions (LPKSM). In fact, the Government can optimize the role of the Office of Religious Affairs (KUA) representing the Department of Religion and Community Health Centers (Puskesemas) representing the Ministry of Health at the sub-district level to supervise the circulating goods regarding the 'halal' of a product or service. Article 29 of the UUPK states that the government is the party most responsible and responsible for fostering the implementation of consumer protection, the implementation of which is submitted to the relevant Minister, in this case the Minister of Industry and Trade. In full, Article 29 states: The Government is responsible for fostering the implementation of consumer protection that guarantees obtaining the rights of consumers and business actors and the implementation of consumer and business actor obligations; Guidance by the government for the implementation of consumer protection as referred to in paragraph (1) shall be carried out by the Minister and / or the relevant technical minister. The Minister as referred to in paragraph (2) coordinates the implementation of consumer protection. Fostering the implementation of consumer protection as referred to in paragraph (2) includes efforts to: the creation of a business climate and the growth of a healthy relationship between business people and consumers; the development of non-governmental consumer protection institutions; increasing the quality of human resources and increasing research and development activities in the field of consumer protection. 5) Further provisions regarding the fostering of consumer protection are regulated by Government Regulation. In addition to coaching, an important government role is supervision of the implementation of consumer protection. Article 30 of the UUPK states that the government, together with the community and non-governmental consumer protection institutions, are the parties that have been given the task of supervising. Government oversight is carried out on the implementation of consumer protection and the application of the provisions of the legislation. Supervision is carried out by the public and non-governmental consumer protection institutions, in addition to the implementation of consumer protection and the application of the provisions of the legislation, also carried out on goods and / or services circulating in the market. This form of supervision is carried out by means of research, testing and / or surveys. Supervised aspects include loading information about the risks of using goods, installing and completing information on labels / packaging, advertising and others, as required by legislation and trade practices. The results of supervision conducted by the community and non-governmental consumer protection institutions can be disseminated to the public and can be conveyed to the Minister and technical ministers. In the provisions of Article 30 above also mentioned, if in the supervision of deviations found in the legislation, the government must take administrative action and or legal action, as sanctions are threatened by the UUPK. This decisive action will increase consumer confidence in the consumer protection legal system established by the government, increase public participation in supervision and consumer institutions, and encourage businesses to produce quality and create a better business climate. This service is applied from the results of the author's research relating to the legal protection of consumers relating to food and medicine in Pekanbaru. Framework for Activities This service is carried out by delivering information that consumers are more careful in consuming goods and services. Pelalawan Regency was formed based on Law No. 53 of 1999, which was a division of Kampar District and was inaugurated by the Minister of Home Affairs on October 12, 1999. While the operational inauguration was carried out by the Governor of Riau on December 5, 1999 and the Kerinci Base was established as the Capital City of Pelalawan Regency. The establishment of the Pelalawan Regency was based on mutual agreement and determination which was carried out through a large consultation of the Kampar Hilir community from 11 to 13 April 1999 at Pangkalan Kerinci. The meeting presented all components of society consisting of community leaders, youth leaders, traditional institutions, intellectuals, clever clever and religious scholars. Based on this great conference, Pelalawan was established, which originated from the Kingdom of Pekantua, who broke away from the Kingdom of Johor in 1699 AD, then took full control over this area. 5. Conclusion, implementation and limitations 5.1 Conclusion Based on the results of devotion and discussion, the authors conclude in this article some of them are as follows: There are still many people who are not too concerned about the condition of the products consumed and the services they use. Such as the lack of public attention to the adverse effects of consuming a product, such as checking for packaging, expiration, food composition. With this service done in the future the community will be more concerned, and know the importance of paying attention to a population consumed. implementation and limitations Creating a Regional Regulation for the City of Pekanbaru which regulates the responsibilities of businesses in selling products to consumers, and can be more careful in producing goods. More often the government socializes about consumer protection Reference Achmad Ali, Menguak Tabir Hukum: Suatu Kajian Filosofis dan Sosiologis, , 2002, Cet II, Jakarta. : Gunung Agung, hlm 114-115 Az, Nasution, Tinjauan Singkat Undang – Undang Nomor 8 Tahun 1998 Tentang Perlindungan Konsumen, http://www.pemantauperadilan.com. ---------------------------------, Konsumen Dan Hukum, Pustaka Sinar Harapan, 1995, Jakarta, hlm. 37 Griggs V, Consumer Product Safety Commission Plaintiff, United States District Court, District of Columbia, 441 F.Supp Putrawan, Petunjuk Pelaksanaan Undang-undang Perlindungan Konsumen, 2002. Jakarta : BP Jembar Inti Karya, hlm. 69. Rudy Handoko Wakil Sekretaris PW Ikatan Pelajar Nahdlatul Ulama (IPNU) Kalimantan Barat, http://www.hukumonline-opini.com. Somi Awan, S.H. Aktivis Lembaga Konsumen Jakarta-PIRAC, http://www.pkskotatangerang.or.id/index.php?option=com_content&task=view&id=101&Itemid=29 Sudikno Mertokusumo, Mengenal Hukum : Suatu Pengantar, Edisi III, Cet I, , 1991, (Yogyakarta : Liberty. Undang – Undang Perlindungan Konsumen, Hak – Hak Konsumen, konsideran, , 2002, Citra Aditya Ramly