Vol 10 Iss 5

Pdf The Legal Application of Consumer and Halal Product Protection in the Health Sector

Martha Eri Safiraa, Moch. Chotibb, Dewi Irianic, Arief Budionod, a,b,cFakultas Syariah IAIN Ponorogo, dFakultas Hukum Universitas Muhammadiyah Ponorogo, Email:[email protected], [email protected], [email protected]

Health and being healthy is the right of everyone. Yet, are the existing laws able to give legal protection of health for the Indonesian citizens? There have been cases where products which may harm the health were found, and that their halal certification is still questionable, though such certification is important for Muslims. On 2018, the public were shocked by the results of research done by the University of New York, United States, which announced that microplastic components were found in bottled mineral water from the brands Aqua, Nestle, and Club. Then, at the end of 2018, worm parasites were found in canned mackerel fish. Another interesting case is regarding immunisation vaccines, where the perspective regarding its halal-ness were still debated by the Indonesian citizens. Apart from that, the free distribution of illegal cosmetics is still an ongoing issue in Indonesia, where its impacts on health and its halal-ness are still ignored. There have also been cases on the distribution of dangerous medicine without a doctors’ prescription. Thus, this paper analyses how far the essence of UUPK (the Constitution which regulates Consumer Rights) and UU Product Halal (the Constitution which regulates Halal Products) are in protecting the health rights of the Indonesian consumers, and how the regulations and the roles of the government are in making efforts to implement and enforce these laws. Results of the analysis show that the implementation of the Consumer Rights Constitution is still minimum, though the rights for health is a basic component of the human rights. Pages 1 to 18

Pdf Protection against Child Labour

Meilan Lestaria, Erlinab, Monika Melinanc, Faculty of Law, Universitas Islam Riau, email: [email protected], [email protected], [email protected]

Children are the greatest mandate and gift given by God Almighty to both parents. Children must be educated, guarded, nurtured, and protected. In children there is an inherent value and dignity as a human. However, a consequence of the demands of the enormous economic needs is that minors become involved in completing economic needs by working. This is what we have to think about together; especially parents and the government. Problems that have occurred need resolution, because children have the right to be protected, guarded and given education without any discrimination. Pages 19 to 29

Pdf Public Domain in Dispute Settlement of Cancellation of Industrial Design Rights

Muchtar Anshary Hamid Labetubuna, aLecturer in Civil Procedure Law at the Faculty of Law, University of Pattimura, Ambon, Indonesia, Email:[email protected]

Economic rights in Industrial Design have protection that is limited to a period of 10 years. After the expiration of protection, Industrial Designs that previously owned exclusive rights by the holders of rights to Industrial Design become public property; so that the Industrial Design has no obligation to ask permission to the rights’ holders for Industrial Design to use the Industrial Design. This is generally referred to as Public Domain, as stipulated in Article 2 paragraph (1) and (2) of Law Number 31 Year 2000 concerning Industrial Design, that "Design rights Industry is granted for a new Industrial Design, Industrial Design is considered new if on the date of Acceptance, the Industrial Design is not the same as pre-existing disclosures”. So basically, Industrial Design has a new principle. However, in reality, there are several cases of Industrial Design in resolving disputes over Industrial Design rights that have been registered, because the Industrial Design has become Public Domain, and there has been a cancellation of Industrial Designs including Cases: Industrial Design of Oil Bottles, Industrial Design of Lighters, Industrial Design of Packaging Boxes 4 (Four) Square, Industrial Design CBK 124 Cabinets, Garuda Motorcycles, Industrial Design Disk Places, Industrial Socks Design, Industrial Design Folding Iron Door Chains and Folding Iron Door Leaves, X2 Shoe Strip Industrial Designs, and Industrial Design TMS Roll Forming Machines Machine. Pages 30 to 42

Pdf Legal Protection for Consumers against Fraud on E-Commerce: A Comparative Law Analysis

Rosyidi Hamzaha, Cheny Berlianb, Rahmi Yuniartic, a,b,cDosen Fakultas Hukum Universitas Islam Riau, Email: [email protected],[email protected], [email protected]

Technology development has an impact on various legal aspects in the world. Trade transaction was one of the aspects that developed rapidly when the internet began to be introduced. Trade transactions are no longer limited by areas at this time and no longer have to confront the parties directly. Accessibility of trade through an electronic system for the community can improve the community`s economy, but also faces the act of cheating (fraud) from irresponsible parties. Fraud on e-commerce is making it hard for consumers who can't do anything to ask for responsibility, because often, there is no proof. The act of fraud that is occurring harms the consumers, and there is the emergence of issues concerning legal protection for consumers and the responsibility of an e-commerce company of the act of cheating (fraud). Arrangements related to e-commerce which were widespread in some different legislation made the problem with the regulation of synchronisation of e-commerce, and it needs adjustment with the regulation of International law, as an attempt to create protection and certainty while doing transactions on e-commerce. Fraud prevention and tackling on e-commerce have some issues, because of former legal regulations set about the real legal actions and they must adapt to something that is virtual. E-commerce has become a part of national and international commerce, so regulation of the e-commerce industry has to be comprehensive. The content is broad and related to the importance of harmonisation and regulatory unification on national and international law and it needed review from various arrangements regarding fraud actions of E-commerce. Pages 43 to 54

Pdf Implementation of Confidentiality and Data Security in the Execution of the Lending and Borrowing Money Service Based on Information Technology in Indonesia

Sri Wahyunia, aLecturer in Civil Procedure Law Faculty of Law, University of Bhayangkara, Jakarta Raya, Email: [email protected]

The development of information technology has had an influence on various fields in Indonesia, especially on developments in the field of information technology lending and borrowing services known as Financial Technology (Fintech). However, many people are unaware that borrowing and borrowing money using these applications actually has a negative impact when the debtor experiences default, so the financier commits defamation, or harassment of women's honour, including violations of human rights. This is contrary to the principle of confidentiality and security of user data. Regarding these principles regulated in Article 29 letter d OJK Regulation 77 / POJK.01 / 2016 concerning information technology lending and borrowing services and Article 4 letter g OJK Regulation Number 13 / PJOK.02 / 2018 concerning digital financial innovation in the financial services sector, and Article 31 OJK Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector, the purpose of this study is the implementation of the confidentiality and data security principles of customers who borrow money through the online platform in Indonesia. This research uses the normative legal research method. The results of the study were to find out about the implementation of the principles of confidentiality and data security of debtors in the operation of lending and borrowing services through Illegal Fintech and settlement of disputes in Indonesia. Pages 55 to 67

Pdf An Alternative to Sharia Insurance Dispute Resolution through the National Sharia Arbitration Agency (Basyarnas) in Indonesia

Wetria Fauzia, Devianty Fitrib, a,bFaculty of Law, Andalas University, Padang, Indonesia, email: [email protected]

The insurance business is very fast at the moment because it provides benefits to the community, both insurance with conventional and sharia concepts. Islamic insurance is growing at this time. The parties in this agreement both the policy holder and the insurance company as insurers have not resolved the occurrence of the dispute, the conflict that occurred could have been caused by a party that broke the promise of the agreement that was mutually agreed in the contract. Dispute resolution in Islamic insurance basically can be resolved through an alternative out of court, one of which is with the National Sharia Arbitration Board (BASYARNAS). BASYARNAS is very useful in solving Sharia Insurance disputes. Sharia insurance settlements are appointed by individuals who are experts in their fields so that the settlement is more optimal and handled by competent individuals. It should be emphasised in the clause of the sharia insurance agreement (policy) regarding the choice of the dispute resolution agency through this sharia arbitration institution. Pages 68 to 75

Pdf Legal Protection for Participants of the Health Social Security Organising Agency

Annisa Halika, Rosyidi Hamzahb, Syafrinaldic, a,b,cFaculty of Law, Universitas Islam Riau, Pekanbaru, Indonesia, Email: [email protected], [email protected], [email protected]

The Social Security Organising Agency (BPJS) as the Implementing Body is a public legal entity formed to organise a health insurance program for all Indonesians. But in fact, regarding services in fulfilling the rights of BPJS Health participants in the Teluk Kuantan District Hospital there were obstacles in 2016. BPJS services were stopped for approximately six months. The management of the Kuantan Bay Regional Hospital, Kuantan Singingi Regency, Riau Province has temporarily suspended health services for BPJS Health participant patients, because the supply of medicines for BPJS Health patients is problematic. The Regional Hospital does not have any medicine supplies because the Regional Hospital is in arrears in the amount of Rp. 2.6 billion to third parties; namely pharmacies as partners. The main problem in this study is how the legal protection of the participants of the Health Social Security Organising Agency in the Teluk Kuantan Regional Hospital in terms of the Regulation of the Health Social Security Organising Agency No. 1 of 2014 concerning the Implementation of Health Insurance. The method used in this study is included in the class of observational research conducted by survey. The information is collected from respondents using primary data and secondary data. This research is analytical descriptive, which provides a detailed, clear and systematic description of the main problems of the study. Legal protection related to BPJS of health participants who took medication at Teluk Kuantan Regional Hospital is based on a case that occurred in 2016, BPJS participant patients did not get legal protection because their rights were not fulfilled. In this case, it clearly violates the provisions of Article 25 Paragraph (1) letter d of the Regulation of the Social Security Organising Agency Number 1 of 2014 concerning Health Insurance Providers. Pages 76 to 91

Pdf Distribution of Proof Expenses in the Settlement of Consumer Compensation Disputes

Iga A Ari Krisnawatia, aFaculty of Law, Universitas Udayana, Email: [email protected]

The general arrangement for the distribution of the burden of proof of civil cases is regulated in Article 1865 BW article 163 HIR / 283 RBG, which states "whoever declares a right of another person, refers to an event, is required to prove the right or event". This general setting is not always appropriate for every case. As in the case of a consumer lawsuit for product losses, if guided by the provisions of the law, the consumer is always the plaintiff who is burdened with proof. The burden of proof is heavy for consumers because consumers generally do not know the ins and outs of production, the technology applied and the materials that are actually used by producers as business operators. Therefore, Law No.8 / 1999 adopts a system of the burden of proof reversed in the burden of proof as explained in its explanation without formulating the meaning of the burden of proof of reverse. This formulation is important to guide judges in sharing the burden of proof in resolving consumer and community dispute justice seekers. Based on the approach of the analysis of the legal concept of the burden of reverse evidence is the burden of proof on the presumption of the element of error in the defendant (business actor) and the plaintiff (consumer) is sufficient to provide the facts of the loss in the presence of a mistake that violates the law of the defendant. The defendant is acquitted of compensation if he can prove the error due to consumer error. Pages 92 to 108

Pdf Electronic Notary Deed: A Legal Certainty Study Based on the Law of Notarial, the Law of the Limited Liability Company and the Law of Electronic Transaction and Information

Azmi Fendria, Yussy Adelina Mannasb, a,bLaw Faculty of Andalas University, Email: [email protected], [email protected]

The problem right now with regard to an authentic deed is the existence of a notary obligation which is affirmed in Article 16 Paragraph (1) letters c and m Notarial Law states. Notary has obligations, including the obligation to attach letters and documents and fingerprints of parties on the Minutes of Deed. In addition, the Notary also has the obligation to read the Deed before the parties, attended by at least 2 (two) witnesses, or 4 (four) special witnesses for the making of a will under the hand, and signed at the same time by the parties, witnesses, and Notary. The substance of these articles becomes contradictory if related to Article 77 Paragraph (1) concerning Limited Liability Company Law; which confirms the General Meeting of Shareholders can also be held through teleconferencing media, video conferences, or other electronic media facilities that allow all GMS participants to see and hear each other directly and participate in meetings. In the explanation of Article 77 Paragraph (4) of the Limited Liability Company Law it is explained that what is meant by being approved and signed is to be approved and signed physically or electronically. On the other hand, the Notarial Deed cannot be declared as an Electronic Document so that it cannot be used as legal evidence as intended in Article 5 Paragraph (1) of the Information and Electronic Transaction Law. Based on legal issues in the three Laws mentioned above, namely the Law of Notary Position, the Limited Company Law and the Electronic Information and Transaction Law, the author will conduct an analysis of legal certainty and legal benefits regarding the Notary Deed electronically. Pages 109 to 119

Pdf Land Acquisition for the purpose of Low-Income Housing by applying the Concept of 3 in 1 in Land Acquisition

Jarot Widya Muliawana, aFaculty of Law, Brawijaya University, Malang, Indonesia, Email: [email protected]

This research aims to examine land acquisition for the purpose of Low Income Housing conducted by the regulation of land acquisition for private interest. By deploying socio-legal and normative studies, it shows that there is still legal uncertainty in society because the development of Housing is not included in the types of public interests stipulated in Article 10 Law No. 2 of 2012 on Land Acquisition for Development based on Public Interest. Therefore, in practice there are still some issues which private participants encountered in the process of land acquisition for the use of development. Pages 120 to 132

Pdf Confirmation of Taxpayer Status at the Land Services Office Reviewed from the Principle of Utilization in the Context of Land Purchase Transactions

Suhermana*, Heru Suyantob, a,bFaculty of Law, UPN Veteran, Jakarta, Indonesia, Email: a*[email protected]

In buying and selling land transactions the seller and buyer will be subject to seller tax in the form of income buyer tax. Income tax is in the form of tax on the acquisition of land rights. In connection with the registration of the transfer of rights above, the Government has issued provisions regarding Confirmation of Taxpayer Status on Land Service at the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency as stipulated in the Ministry for Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 21 2017. Looking at the development of community practices, it is clear there are still people living in rural areas who do not have a taxpayer identification number. So, when a sale and purchase transaction takes place, it is followed by registration of land rights for the first time which causes many difficulties. This type of research is normative juridical with secondary data consisting of primary, secondary and tertiary legal materials. Data was collected by conducting a literature review through an interview technique processed qualitatively according to the problem and theoretical framework in a logical and systematically way to achieve the objectives of this study, which is to discover legal provisions for Confirming Taxpayer Status in Land Services at the Ministry of Land Affairs, Agrarian Affairs and Spatial Planning / National Land Agency. Specific targets to be achieved include: (i) confirmation of taxpayer status in the office of the National Land Agency can hamper the process of making certificates, (ii) provisions for confirmation of taxpayer status at the Agency's National Land office are contrary to the principle of expediency in law. Pages 133 to 147

Pdf The relationship between Religion and State according to the Constitution of the Republic of Indonesia 1945

Supartoa, aFaculty of Law, Universitas Islam Riau Jl. Kaharuddin Nasution No.113 Marpoyan, Pekanbaru, Riau 28284 Indonesia, Email: [email protected]

The relationship between religion and state is an interesting topic to study because each nation has its own rules and principles in understanding and applying it. The existence of religion in Indonesia is guaranteed by its inclusion in the state ideology of ‘Belief in the one and only God’ in the first principle of Pancasila. Nevertheless, Indonesia is not a religious state with the understanding based on certain religions. Therefore, religious law must have a proper place to continue to grow and develop in society. The purpose of this study is to determine the relationship between religion and state according to the 1945 Constitution of the Republic of Indonesia. This type of research is normative legal research and uses secondary data. Based on the results it can be concluded that in Indonesia religious life is guaranteed by the state as stipulated in Article 29 of the 1945 Constitution. The relationship between religion and state is mutual , religion needs the state for the development of its religion and the state needs religion for moral national enhancement. As a consequence of the relationship between religion and the state, we should no longer define ourselves as a "non-religious state" and a "non- secular state" as occurred in the New Order era. The statement "non-religious state" has degraded the position of " State based Belief in the one and only God." While "non- secular state" is not strong or explicit enough or less explicit than" Belief in the one and only God” as the basis of the state. Therefore, , in the future it is necessary to state that Indonesia is a religious country. A religious state is a country that places a Godhead as the foundation of the life of the nation and state. Pages 148 to 159

Pdf The Position of Customary Forests in Indonesia after Constitutional Court's Decision No. 35/PUU-X/2012

Supartoa, aFaculty of Law, Islamic University of Riau, Jl. Kaharuddin Nasution 113, Marpoyan, Pekanbaru, Riau 28284, Indonesia, Email: [email protected]

Forests in Indonesia based on their tenure status consist of State Forests and Private Forests. So far, based on Law No. 41 of 2019, Customary Forests are included in State Forests. As it is considered to violate the constitutional rights of indigenous and tribal peoples, Law No. 41 of 1999 concerning Forestry was submitted by the Judicial Review to the Constitutional Court (MK). The research method uses a normative legal approach with secondary data. Data analysis was carried out in a qualitative descriptive method. Based on the decision of the Constitutional Court Number 35 / PUU-X / 2012 against Judgment of Law No. 41 of 1999 Concerning Forestry, Indigenous Forests are no longer a part of State Forests but are placed in the category of private forests. As a follow up to the decision of the Constitutional Court Number 35 / PUU-X / 2012, the Ministry of Environment and Forestry of the Republic of Indonesia issued Ministerial Regulation Number: P.32 / Menlhk-Setjen / 2015 on private forests. The regulation outlines that the stipulation of customary forests into private forests is carried out in two stages : (1) Recognition of the existence of indigenous peoples or customary rights through Regional Regulations (Perda). (2) Determination of the Minister of Environment and Forestry over customary forests into private forests. There are several provinces in Indonesia that have established Indigenous Forests including the Provinces of Jambi, Lampung, West Kalimantan, Central Kalimantan, Central Sulawesi, Southeast Sulawesi and South Sulawesi. Therefore, other provinces that have customary forests must be proactive to immediately make a local regulation about the existence of customary law communities or rights, which is one of the conditions for establishing customary forests. Pages 160 to 170

Pdf The Implementation of Execution Auction by Creditors on Debtor Rights’ Guarantee in the Office of State Assets and Auction Services (KPKNL)

Surizki Febriantoa, Sri Devi Ayundab, a,bFaculty of Law, Islamic University of Riau, Jl. Kaharuddin Nasution No. 113. Marpoyan Damai, Pekanbaru, Riau 28284, Indonesia, Email: [email protected], [email protected]

The study entitled "The Implementation Of Execution Auction By Creditors On Debtor Rights Guarantee In The Office Of State Assets And Auction Services (KPKNL) In Indonesia" is motivated by a form of inability of customers / debtors who made late payments of overdue loans. Legal certainty of auction of execution of mortgage rights can be carried out based on Article 20 paragraph (1) letters a and b as well as paragraph (2) UUHT, execution of Mortgage Rights collateral objects can be completed in three ways without a courtesy that can be used by creditors to execute the object of collateral Mortgage Right if the debtor defaults, namely: (1). Execution Parate, (2). Executive Title, and (3). Sales of Mortgage objects under the hand. This research investigates the execution of auctions by creditors against guarantees of mortgage rights of the debtor at the Office of State Assets and Auction Services (KPKNL) Pekanbaru and the execution of the debtor and other third parties against the execution of the auction process by the creditor against the guarantee mortgage rights of the debtor at the Pekanbaru State Assets and Auction Service Office (KPKNL). The method used in this research is observational research conducted by survey. In this study, information was collected from respondents using primary and secondary data. The research is both analytical and descriptive, giving a detailed, clear and systematic account of the research’s main problem . The implementation of Auction execution of Article 6 of the Underwriting Right Act is carried out if the debtor is in default (breach of contract), then the Underwriting Right holder has the right to sell the Underwriting Right object through his or her own power through a public auction, namely the Office of State Assets and Auction Services (KPKNL) Pekanbaru, and take the payment of the receivables from the sale. Pages 171 to 188 Pdf Dispute Resolution of EKS Railway Land by PT. Kereta API Indonesia (PT. Kai Persero) in Sumatera Barat

Yontri Faisala, Yulia Mirwatib, aPhD student at the University of North Sumatra, bLecturer in the Law Faculty at Andalas University, Email: [email protected], [email protected]

Article 1548 of the Civil Code (KUHPer) regulates lease agreements—that is, an agreement that gives the enjoyment of an item to another party for a certain period with payment of rent. The civil legal system adheres to the differentiation of movable and fixed property. One of the fixed objects is land. In principle, anyone can lease various types of goods, both fixed and movable. Since the issuance of the UUPA, this lease provision does not apply because land is subject to the UUPA. The UUPA contains the principle of horizontal separation, between land and everything contained on it. The UUPA distinguishes land rights by several types, such as ownership rights, business use rights, building rights, use rights, and lease rights, etc. (Article 16 of the UUPA). Leasing rights are further regulated in Articles 44–45 of the UUPA, which regulates leases that are specifically for building. It is not stated that the lease right is a land right, because Article 44 paragraph (3) shows that the lease right is an agreement. Based on that, the lease rights do not have proof of certificate rights. The subject that can lease land is the subject of ownership rights to the land. In Article 21 of the UUPA, land ownership rights can only be owned by Indonesian citizens. (They also cannot be a legal entity unless the specific provisions of the legal entity meet the strict regulations in PP 38 of 1963 relating to the hajad of the people.) PT KAI (Persero), including Recht Person for the benefit of the public (transportation), can be granted land use rights and land management rights. Both types of rights are public not private. In fact, PT KAI (Persero) in the West Sumatra region even rents out land that is not covered by the right of palai or its management rights, because, since 1950, the land has become EKS railway land and/or state land. This needs to be studied in more depth using empirical and normative data as disputes relating to leasing of this land are still ongoing. Pages 189 to 199

Pdf The role of Teacher Support in Predicting Engagement through Academic Buoyancy

Meilani Rohinsaa*, Surya Cahyadib, Achmad Djunaidic, Tb. Zulrizka Iskandard, a,b,c,dUniversitas Padjadjaran, St. Raya Bandung Sumedang KM.21 Hegarmanah-Jatinangor- Sumedang Regency,45363, Bandung, Indonesia, Email: [email protected], [email protected], [email protected],dzulrizkaiska [email protected]

The current research aims to investigate whether students' ability to deal with academic problems daily, known as academic buoyancy, can mediate the effect of teacher support in predicting senior high school students’ engagement. The participants of the research consisted of 131 senior high school students. Instruments in the current research included a teacher support questionnaire, an academic buoyancy scale and an engagement questionnaire. Data analysis was conducted using multiple regression tests. Based on the research findings, academic buoyancy mediates the effect of teacher support in predicting senior high school students’ engagement. The implication of this finding is that teachers need to be aware that every student needs the ability to deal with everyday academic problems in school. This ability can be fulfilled by the existence of teacher support, namely autonomy support, structure and involvement. This support will shape students' engagement with learning activities in the classroom. Pages 200 to 213

International Journal of Innovation, Creativity and Change. www.ijicc.net Volume 10, Issue 5, 2019

Distribution of Proof Expenses in the Settlement of Consumer Compensation Disputes

Iga A Ari Krisnawatia, aFaculty of Law, Universitas Udayana, Email: [email protected]

The general arrangement for the distribution of the burden of proof of civil cases is regulated in Article 1865 BW article 163 HIR / 283 RBG, which states "whoever declares a right of another person, refers to an event, is required to prove the right or event". This general setting is not always appropriate for every case. As in the case of a consumer lawsuit for product losses, if guided by the provisions of the law, the consumer is always the plaintiff who is burdened with proof. The burden of proof is heavy for consumers because consumers generally do not know the ins and outs of production, the technology applied and the materials that are actually used by producers as business operators. Therefore, Law No.8 / 1999 adopts a system of the burden of proof reversed in the burden of proof as explained in its explanation without formulating the meaning of the burden of proof of reverse. This formulation is important to guide judges in sharing the burden of proof in resolving consumer and community dispute justice seekers. Based on the approach of the analysis of the legal concept of the burden of reverse evidence is the burden of proof on the presumption of the element of error in the defendant (business actor) and the plaintiff (consumer) is sufficient to provide the facts of the loss in the presence of a mistake that violates the law of the defendant. The defendant is acquitted of compensation if he can prove the error due to consumer error.

Key words: Burden of Proof, Reverse Proof of Consumer Dispute.

Introduction

Distribution of the burden of proof is important in civil procedural law, because with the distribution of the burden of proof, the parties will be burdened with a proof task for them to submit in accordance with the provisions of the applicable civil procedure law. The current civil procedural law is based on the Hetherziene Indonesisch Reglement (HIR) for Java and Madura and the Rechtsreglement Buitengewesten (RBG) for outside Java and Madura. 92

International Journal of Innovation, Creativity and Change. www.ijicc.net Volume 10, Issue 5, 2019

In the HIR / RBG the burden of proof distribution is stated in article 163 HIR / 283 RBG, which basically states that "whoever claims a right or, denies the rights of others, refers to an event obliged to prove the right or event".

The guidelines given in article 163 HIR / 283 RBG are not yet clear, because according to a teaching about events that give rise to a right, it must be proven by the party demanding that right. Likewise, there are those who deny the claimed rights and those parties who must prove their rebuttal.

Thus, based on these teachings, the plaintiff who submitted his arguments by the defendant then the plaintiff must prove these arguments. On the other hand, the defendant denies the plaintiff's claim by submitting his arguments who must also prove it.

The doctrine of the burden of proof is appropriate to be accepted, but some authors admit, the burden of proof is unclear and cannot solve the problem of distribution in concreto. One example is the case for a lawsuit for consumer compensation to business actors. Proof based on the general guidelines specified in article 163 HIR / 283 RBG feels heavy. This is due to the fact that the position of businesses and consumers prevails in a weak position. The object of business activities is to make maximum profits by business actors through tips on promotion, sales and application of standard agreements that harm consumers (general explanation of law number 8 of 1999 concerning consumer protection / hereinafter abbreviated to UUPK). In addition, consumers generally do not know the ins and outs of the production process, the technology applied and the actual ingredients used by producers as business actors.

Based on these conditions, the UUPK in proving consumer compensation disputes divides the burden of proof with the reverse proof burden system which is affirmed in the explanation of article 22 UUPK. The UUPK does not provide the formulation of the understanding of the burden of proof, as a result, for those who are litigants it is unclear, who has to prove it and who is proven. The latter thing is the Judge's duty to construct his event. Likewise, for law writers is the application of the burden of proof. This raises differences of opinion, especially for defective products.

Method

Based on the background, this paper requires the reversal of the proof to be formulated through a normative assessment using a legal concept analysis approach obtained from legal materials then analysed in a description and argumentation.

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Results and Discussion Understanding of Evidence and Evidence of Evidence

Proof in civil procedural law is a stage of proceeding after a process of answering answers from the parties to the dispute. This stage determines the arguments as to which of the disputing parties is true and not true. So, from the Judge's evaluation of the evidence presented by the parties based on the Law, it will determine who will be won and defeated determined by the judge in the decision of the decision.

From this verification process, it can be stated that a proof is needed if a dispute or case arises before the Judge. Thus, the meaning of proof is "proving", i.e. convincing the Judge of the truth of the arguments or arguments intended in the dispute.

Sudikno Mertokusumo stated that the meaning of the word proves that it contains logical, conventional and juridical meanings. In a logical sense it is to provide absolute certainty, because it applies to everyone and does not allow evidence of the opponent. In the conventional sense it proves to have the meaning of providing certainty; it is just not absolute certainty, but relative certainty. Proving in a juridical sense means giving an adequate basis to the Judge examining the case in question to provide certainty about the truth about the event proposed.

In connection with the definition of proving in this last meaning, namely in the juridical sense, what matters must be proven, referring to the position of a lawsuit, that is, the events or events experienced by the plaintiff which are the basis of the claim. These events must be proven in court using legal evidence according to the law. The evidence referred to as described in article 164 HIR / 284 RBG, article 1866 BW, in the form of: a. Letter b. Witness c. Allegation of allegation d. Recognition e. Oath

The evidence presented according to this law is the basis for the judge of the truth of the trial, and is bound by these evidences in giving consideration to the decision. Proving events that are the basis of the claim are by using legal evidence according to the law; even though it is binding on the Judge. However, according to the law and the opinion of scholars not all events must be proven.

The things that do not need to be proven, among others: a. In the case of a decision of verstek (25 paragraph (1) HIR / 145 RBG. 94

International Journal of Innovation, Creativity and Change. www.ijicc.net Volume 10, Issue 5, 2019

b. In the case of the defendant acknowledging the arguments put forward by the plaintiff c. There is no denial of the arguments of the opposing party (article 163 HIR / 283 RBG). d. One of the parties has taken the Decissoir oath / break oath. e. The Judge, because the position, is considered to have known the facts. f. The vision of Judge in trial.

Evidence Expenses

If the evidence proves the arguments or events with evidence that is valid according to the law, then the next question is, who is obliged to prove these events with valid evidence.

Article 1865 BW, 163 HIR / 283 RBG in essence concludes that those who are required to prove are parties who have litigated in court with the provisions of who claims to have rights, to declare their rights and to deny the rights of others, where that person must prove the rights or events.

Article 1865 BW or article 163 HIR / 283 RBG, has the purpose of providing general guidance for those who are required to prove by law that are litigants and the implementation of the evidentiary part is carried out by a judge. Some legal writers state that article 1865 BW, article 163 HIR / 283 RBG is based on proposition. Whoever states something must prove it. This principle is not always appropriate in every case. So that the articles are considered unclear and cannot solve the problem of distribution of the burden of proof in concreto.

In several articles in the material law stipulates a division of burden of proof, such as:

1. Article 1977 paragraph 1 BW states: "Anyone who controls a movable object is considered as the owner". So here the plaintiff is burdened to prove that the defendant is not the owner and the defendant no longer needs to prove himself as the owner, because the law considers him as the owner; until the plaintiff can prove otherwise. 2. Article 1394 BW stipulates that whoever can show the last three consecutive receipts, is considered to have paid all instalments. In this provision, the plaintiff must prove that the instalments have not been paid. The Defendant does not need to be charged with proof to prove that he has paid off, because based on the above principle he has been considered to pay off until the plaintiff can prove otherwise. 3. Article 1244 BW, stipulates that a forced situation must be proven by the creditor. Here the defendant is charged with proving that an majority has occurred which has caused him to be unable to carry out an agreement

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The determination of the distribution of burden of proof according to this law is the result of the alleged law because the law itself determines the burden of proof. So that for the Judge there is no difficulty in determining the burden of proof specifically for the cases designated. According to Subekti, the burden of proof like this is essentially a reversal of the burden of proof. For other concrete issues that are not specifically regulated, even though there are general principles as contained in article 163 HIR / 283 RBG, according to legal experts, it is not always appropriate to apply in every case. That is, which party must be burdened by the judge to prove and what matters must be proven depends on the case.

In writing the legal literature, it teaches that the formulation of article 163 HIR / 283 RBG is more complete by formulating; "If in a case the plaintiff's arguments are disputed by the defendant, the plaintiff is obliged to prove his arguments and the defendant must prove his rebuttal if the defendant denies the plaintiff's claim".

This formulation is intended so that the burden of proof is carried out fairly and impartially. For the plaintiff who cannot prove the event proposed, he must be defeated, while if the defendant cannot prove his objection he must also be defeated. Distribution of the burden of proof is in accordance with the principle of fair trial, which does not plunge those who accept if the burden is too heavy, in the brink of defeat. For example, in proving negative things, namely not paying or not receiving goods in a sale and purchase transaction. Judges should charge those who are more able to prove to positive things, that is to prove the existence of a sale and purchase event and the delivery of goods, not the absence of an event (negative things). Distributing this unfair, one-sided burden of proof by the Supreme Court is considered a violation of law and law, which is the reason for the Supreme Court Judge to overturn the lower Judge's decision.

To avoid the consequences and unfair distribution of evidentiary burden, in the development of the burden of proof the burden is no longer solely based on the law but also based on justice and the principle of propriety. In such a position the Judge gives an equal opportunity by carrying the burden of proof by referring to the weight of the proposition to be proven.

Evidence of Evidence in Consumer Disputes

Consumer disputes are disputes relating to violations of consumer rights, the scope of which covers all civil, criminal and state administrative laws. A.Z Nasution is of the opinion that consumer disputes are disputes between consumers and business actors (both in public and private law) regarding certain goods consumed by consumers, and / or services offered by producers / business actors.

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From this understanding of consumer disputes, it can be seen that the disputing parties are consumers and business actors, whose object of dispute is in the form of goods or services offered by business actors. According to article 1 number 2 of law No. 8/1999, the consumer is every user of goods and / or services available in the community, for the benefit of themselves, their families, other people, and other living things and not for trading.

For clarity of understanding of this consumer can be listened to through explanation of the elements of the Definition as follows: a. Each person A subject called a consumer means any person who is a user of goods and / or services. The term of this person, according to Shidarta, although explicitly does not limit the understanding of consumers to the extent of individuals; consumers must also include business entities, with a broader meaning of legal entities. It also includes groups or groups of consumers who have the same interests (article 46 paragraph (1) and paragraph (2) of the PK Law). b. User In accordance with the explanation of article 1 number (2) of the Consumer Protection Act, the word "user" emphasises the consumer is the final consumer. In this UUPK explanation, it is explained that in the economic literature the terms end consumers and intermediate consumers are known. End consumers are the use or final use of a product, while intermediate consumers are consumers who use a product as part of the production process of another product. The term user in this case is appropriate to be used in the formulation of these provisions, while simultaneously indicating the goods and / or services used do not necessarily result from a sale and purchase transaction.

Consumers are indeed not just buyers (buyers or luggage) but all people (individuals or business entities) who consume services and or goods. So the most important thing is the occurrence of consumer transactions (consumer transactions) in the form of the transition of goods and or services, including the transition of pleasure in using it. c. Goods and services Consumer Protection Act defines goods as any tangible or intangible objects, both movable and immovable, both consumable and non-spent which can be traded, used, used for consumers. Whereas service is defined as any service in the form of work or achievement that is provided for the community to be utilised by consumers. The understanding provided to the community shows that the service must be offered to the community. That is, there must be more than one person. If this is the case, services that are special (closed) and individual are not included in this understanding.

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d. Available in the community In accordance with the article 9 paragraph (1) letter (e) of the Consumer Protection Act, the goods and / or services offered to the public must be available in the market.

e. For the benefit of oneself, family, other people, other living things The elements laid out in that definition try to broaden the notion of importance. These interests are not only intended for themselves, families, but also the goods and / or services are intended for other people (outside themselves and their families), even for other living things, such as animals and plants and not for trade.

What is meant by business actors, is every individual or business entity, both in the form of legal entity or non-legal entity established and domiciled or carrying out activities within the jurisdiction of the Republic of Indonesia. Both alone and together through agreements to conduct business activities in various economic fields (article 1 number 3 UUPK).

In the economic literature, it is stated that business actors include: a. Providers of funds for the needs of providers of goods or services (investors); b. Results or makers of goods / services (producers); c. Dealers of goods or services; d. Users or users (consumers) of goods or services with the aim of producing other goods or services or getting the goods or services for resale.

For the business actor mentioned in point d, why is it stated as a business actor too, because the goods or services they have acquired are intended to make other goods / services and / or to be traded (commercial). They get the goods or services they need from the industrial market (industrial market). Such business actors are also referred to by several terms including driven buyers, driven customers, consumers of industrial markets or intermediate consumers.

Further discussions why until there is a consumer dispute is motivated by the end consumer or a group of end consumers, who are generally always in a weak position. It said a weak position because as seen from the elements of the transaction, the consumer is an engagement. Namely civil engagement that does not just happen, but experiences the following stages: a. Pre-transaction stage. b. Transaction stage. c. The post transaction stage.

At these stages of consumer transactions, the reality of the issues that arise is that the consumer becomes the object of business activity of the business actor in making maximum 98

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profit. Because at the stage before the transaction consumers are faced with information in the form of labels, advertisements, sales systems that may not contain the truth and cannot be accounted for (UUPK general explanation).

Then at the transaction stage, the issue at issue by consumers is the existence of agreements with standard conditions that are detrimental to consumers because they have been prepared in advance by business actors. So, the consumer has no other choice, except that he must accept the agreement as is or he must be willing to accept the goods or services he wants. In the post-consumer transaction phase, the issues at issue are as follows: 1. Service goods that have been used by consumers do not meet their expectations as previously imagined by the product. 2. Goods / services are not in accordance with the quality of the product, both according to the applicable standards and the entrepreneur's claim. 3. After-sales service promised by employers, is not suitable about product quality assurance, or the supply of spare parts / other equipment.

These conditions create consumer disappointment and expose consumers to the risk of material loss as well as to the safety of the body and the security of their lives / family or others. Circumstances that cause losses as mentioned herein, are related to UUPK is part of violation of consumer rights as determined in article 4 of UUPK as follows:

Consumer Rights are: a. rights to comfort, security and safety of consuming goods and / or services; b. the right to choose new goods and / or services and to obtain said goods and or services in accordance with the promised exchange rate and conditions of guarantee, c. the right to correct, clear and honest information about the conditions and guarantees of goods and / or services; d. the right to be heard and complain about the goods and / or services used; e. the right to obtain advocacy, protection and efforts to properly resolve consumer protection disputes; f. the right to consumer education and guidance g. the right to be treated or served properly and honestly and is not discriminatory; h. the right to receive compensation, compensation and / or replacement, if the goods and / or services received do not conform to the agreement or are not as intended; i. rights that are regulated in the provisions of other laws and regulations.

For violations of consumer rights, consumers can claim compensation as the responsibility of business actors as stipulated in article 19 of the UUPK as follows: 1. Business actors are responsible for providing compensation for damage, pollution and / or loss of consumers as a result of consuming goods and / or services produced or traded. 99

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2. Compensation as referred to in paragraph (1) may be in the form of a refund or replacement of goods and / or services of a kind or equivalent value, or health care and / or compensation in accordance with the provisions of the applicable laws and regulations. 3. The compensation is given within 7 (seven) days after the transaction date. 4. Provision of compensation as referred to in paragraph (1) and paragraph (2) does not eliminate the possibility of criminal charges based on further evidence regarding the existence of an element of error. 5. The provisions referred to in paragraph (1) and paragraph (2) do not apply if the business actor can prove that the mistake is the fault of the consumer.

On the basis of the provisions of article 4 and article 19 of the UUPK, consumers can protest directly to the entrepreneur concerned. If ignored, the UUPK provides consumer protection by regulating the resolution of consumer disputes in article 23 as follows: "business actors who refuse to not respond and / or do not meet compensation for consumer demands as referred to in article 19 paragraph (1), paragraph (2), paragraph (3), and paragraph (4), can be sued through the consumer dispute resolution body or submit to the judiciary in the consumer's place of residence".

From the formulation of Article 23 of the UUPK it can be said that for every violation committed by a business actor that harms the consumer, the consumer is given the right to hold the business actor to the disadvantage. To claim compensation for losses suffered, consumers are given the choice to choose voluntarily whether the path taken through the court or outside the court. The court is conducted through a body that resolves consumer disputes (BPSK). However, for the legal standing action class, and government lawsuits must be submitted through the general court. Thus, a contrary can be interpreted, that only a disadvantaged consumer or heir concerned can submit a claim for compensation through BPSK (article 46 UUPK).

Differences in dispute resolution between the two institutions that equally handle claims for compensation suffered by consumers to business actors, such as at BPSK where the settlement is carried out peacefully by the parties through conciliation, mediation and arbitration (explanation of article 45 paragraph (2) UUPK). Settlement solely to reach agreement on the form and amount of compensation and or equal to certain actions to guarantee that the loss will not be repeated to consumers (article 47 UUPK).

Seeing the provisions of article 47 this consumer dispute through BPSK is an effective choice for dispute resolution for simple cases and small scale. The case in court that uses formal procedural law (HIR & RBG) requires a long time, the cost of the case is quite large and it often does not provide justice or satisfaction for the parties to the dispute.

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In article 45 paragraph (1) UUPK article 15 paragraph (1) Minister of Industry and Trade no. 250 / MPP / kep / 12/2001, regarding the implementation of the duties and authority of BPSK, it was stated that "every consumer who is disadvantaged, his attorney or heirs who come to complain to BPSK must submit a request for dispute resolution in both written and oral consumers, consumer complaints can be made at the place BPSK closest to the domicile of consumers".

Likewise, if a lawsuit is submitted to the general court, because the UUPK provides protection to consumers, the lawsuit is filed at the general court of residence of the consumer. The legal basis that can be used by consumers to sue business actors must contain legal arguments in favour of prosecutors. The arguments submitted must be proven by the parties, and the Judge in carrying out this proof, imposes the burden of proof on the parties based on the law. If the law is very rigid and its application is rationally inappropriate, the Judge can and may follow the principles and theories in the distribution of the burden of proof built by science.

The responsibility of business actors in the literature is also called accountability. The liability associated with the burden of proof has been accommodated in legislation that applies as positive law in Indonesia, including: a. Liability is based on default; b. Liability is based on mistakes; c. Liability is based on mistakes by reversing the burden of proof; d. Absolute liability.

A. Liability is based on default

In proving that there is a default, the consumer must prove several important elements in an agreement, namely the existence of a contractual relationship, there is good faith (with good faith), and notification to get a replacement to the seller of the defective products. Difficulties that may arise if the transaction evidence cannot be raised. Likewise, in the case of consumer contracts using standard clauses that eliminate the liability or responsibility of the business actor for product defects, it will encounter difficulties when the business actor insists on the pacta sunt servanda principle, namely the principle that the agreement applies as a law to the maker, will be utilised by business actors to maintain the standard clause. Whereas the proof from consumers in order to make the best efforts to produce and market their products is a difficult thing for consumers because producing and marketing products is the responsibility of the business actor while consumers are only the users of these products.

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B. Liability is based on mistakes

The legal liability relating to Article 1365 BW. Regulations against the law according to Article 1365 BW is that any act that violates the law that brings harm to someone else, obliging people who because of their wrongness to issue losses compensate for these losses. Based on the provisions of Article 1365 of the BW, then the act against the law requires the fulfillment of four basic elements, namely: a. The act of causing loss is unlawful; b. The loss arises as a result of these actions: c. The offender is guilty; and d. Norms that are violated have the power to protect consumers from a loss.

Proof by consumers in a liability based on unlawful acts in BW follows the application of proof in article 1865 BW jo. Article 163 HIR. Therefore, consumers who demand compensation for business actors based on unlawful acts in 1365 BW are cumulatively including proof of error. Terms of error in article 1365 BW, the conditions are: a. The nature of misconduct (the nature of violating the law), the notion of law in this matter is not only limited to contrary to the law, but also decency and decency; b. The culprit can be regretted for violating these norms. This means that if the behaviour that violates the law cannot be regretted to the business actor, then he is innocent.

The principle of proof is burdening consumers to prove the four conditions against illegal acts in Article 1365 BW, so that in principle it is very heavy and difficult for consumers to arrive at the conclusion that the business actor has made a mistake so that it is proven to have committed an illegal act.

C. Liability is based on mistakes by returning the burden of proof

Liability for wrongdoing by reversing the burden of proof is a liability based on error as well. However, proof of whether there is an error, the compensation claim is the burden and responsibility of the party sued (business actors). As a consequence, the business actor fails to prove the absence of an element of error, then the claim for compensation demanded by the plaintiff will be granted. The plaintiff is still burdened with proof of the loss suffered due to the defendant's mistake (business actor). So, the burden and responsibility of business actors is to prove the absence of an element of error, not the absence of an element of loss to the plaintiff (consumers).

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D. Absolute liability

Absolute liability (strict liability) in the literature is also called strict accountability or also called liability without error. Called accountability without error, because it ignores the element of error in the proof. This absolute accountability is also stated in principle as the same as risk liability.

The mention of the term liability is reasonable, because it accentuates the loss suffered, the things that cause losses by ignoring the conditions of the nature of breaking the law and the mistakes of business actors who bear the risk or are responsible for the losses incurred.

The principles contained in this absolute accountability are aimed at manufacturing defective goods, among others, because claims for loss of victims are worthy of showing to manufacturers who control the manufacturing process which generally utilises product advertisements in marketing to increase and dominate market share.

Based on the principle of absolute accountability, science considers that the evidence is borne by the plaintiff (consumer). Proven things: 1. There is a loss; 2. The fact that the product consumed is in a defective state; 3. The causal relationship between the defect of a product and the loss.

This absolute liability policy is implemented in the United States based on the development of case cases and state court decisions. In Indonesia absolute responsibility is applied in law number 23 of 1997 concerning environmental management. In the United States, absolute responsibility applies to product liability for the following reasons: 1. Among groups / consumers on the one hand and producers on the other hand, the risk of loss should be borne by those who produce defective / dangerous goods on the market. 2. By circulating goods on the market, the manufacturer guarantees that the goods are safe and suitable for use, and if proven not so he must be held responsible. 3. The application of the principle of strict liability is intended to eliminate the long and continuous prosecution process. Namely, the demands of consumers to retailers, retailers to wholesalers, wholesalers to distributors, distributors to agents, and agents to producers.

Associated with an explanation of the types of burden of proof of compensation in consumer disputes according to this science, the Consumer Protection Act in Indonesia in the explanation of article 22 confirms: "the burden of proof system applied is the burden of proof reversed for proof of whether there is an element of error in the case criminal ", the burden of proof does not rule out the possibility for the Prosecutor to conduct evidence (Article 22 UUPK). 103

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From the provisions of article 22, it seems that the UUPK only applies the responsibility for error by reversing the burden of proof on criminal charges only. However, when reading the provisions of article 19 paragraph (1), paragraph (2), paragraph (5) in article 28, suing an error with reversal of the burden of proof is also applied to the claim for compensation. The term reversal of the burden of proof is in principle the same as the principle of error with the reversal of the burden of proof and article 28.

Provisions of who is burdened to prove in the rule of law of article 19 paragraph 1, paragraph 2 and paragraph 5 of the UUPK in the form of error is a business actor, this provision is in accordance with the burden of proof according to the presumption of the law and the theory of loading based on the relevant rules. If according to the provisions of the rule of law in the article in question there is regulated who should be charged, then the party specified in that article is burdened.

Provisions in the UUPK which state the burden of proof with the reversal of the burden of proof system does not cause difficulties for the Judge to apply. However, because the notion of reversing the burden of proof is not formulated, law enforcement and justice seekers do not understand the verification system. For example, consumers who submit a claim for compensation to the court, if the basis of the lawsuit does not lead to the provisions of the principle of proof and the burden of proof referred to in the UUPK, will cause harm to those who are unsuccessful with the proof and they will be defeated (risk of proof). Whereas the Judge in examining civil cases is passive, meaning that the Judge does not determine the extent of the subject matter of the dispute. Judges may not add or subtract. Judges are bound by incidents that are disputes raised by the parties, the parties are required to prove that they are not Judges.

Thus, a formulation of the rule of law in the article of the rule of law is needed, because the statement of the rule of law is the view of the Law about how people should behave and behave according to the law. The formulation of this rule of law can be in the form of: a. Hypothesis / conditional, which shows the relationship between the condition (cause) with certain consequences (effect). b. Category, which is a condition which according to law does not indicate a relationship between condition (cause) with consequences (effect).

Formulation of the rules regarding the reversal of the burden of proof in the resolution of consumer disputes in the UUPK.

If you follow the approach of legal concept analysis and argumentation analysis, it can be described as follows: Reversal of the burden of proof of error with a reversal of the burden of 104

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proof is: "The existence of consumer losses due to damage, pollution, and / or consuming goods and or services produced or traded, must be proven by business actors ". Consumers just need to show the facts that arise due to the loss. Business actors are exempt from compensation if they can prove otherwise.

The formulation of the notion of reversal of the burden of proof will clarify perceptions among legal science writers on the view of whether there is a weakness in the application of the reverse proof loading system in consumer protection in Indonesia.

The reason for the view that states "there is a weakness in the application of an inverse proof load system in the UUPK, because the UUPK equates the imposition of inverse evidence for all products produced that cause harm without looking at goods consumed due to defects or using material that is harmful to the physical and soul". In terms of regulation UUPK has reached the stage of modification of the principle of responsibility based on mistakes, namely the principle of the presumption of neglect and presumption of responsibility with the burden of proof reversed. Business actors can be freed from compensation, if they can prove otherwise.

In the United Kingdom and the United States, the government in improving the position of victims announced special regulations to compensate those who were harmed by defective drugs and suffered "personal injury" due to defective products. The size of the product defect here, is that which poses an unnatural danger to the user or consumer according to the size of public knowledge in general. In cases like this, strict liability is applied for these defective and dangerous products.

With comparative studies like this, to provide maximum consumer protection, it is time for the UUPK to apply strict liability proof of consumer compensation, especially for products that are defective and endanger physically and mentally. With the implementation of strict liability product responsibility does not mean the manufacturer does not get protection. The producers can also insure their responsibilities so that they do not experience significant economic losses.

Conclusion

The formulation of the principle of the reversal of the burden of proof in the system of consumer compensation disputes to business actors through an analysis of the concept of the law analysed in argumentation is described in the form of a hypothesis / conditional as follows:

"The existence of consumer losses due to damage, pollution, and / or consuming goods and or 105

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services produced or traded, must be proven by business actors. Consumers just need to show the facts that arise due to the loss. Business actors are exempt from compensation if they can prove otherwise ".

There is a difference of opinion in the application of the reversal of the burden of proof system in the UUPK, because the protection of consumers is still considered weak, especially in the claim for compensation for defective products and products that use materials that endanger physical and mental health. Consumers do not get compensation if the business actor proves the loss is due to consumer error.

For clarity and legal certainty in consumer protection, it is recommended that the formulation of the rules of the burden of proof reversal system be formulated in the revised UUPK. Because of the possibility of the formation of a new law on consumer protection as affirmed in the general explanation of UUPK number 8 of 1999, it is recommended to apply the principle of proof of strict liability, especially for defective products and products that use materials that are harmful to physical and mental health.

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REFERENCES Book

AZ Nasution , 1995, Konsumen Dan Hukum, Pustaka Sinar Harapan, Jakarta

Hari Sasangka, 2005, Hukum Pembuktian Dalam Perkara Perdata, CV Mandar Maju, Bandung

Kausarian, H., Sri Sumantyo, J. T., Kuze, H., Aminuddin, J., & Waqar, M. M. (2017). Analysis of polarimetric decomposition, backscattering coefficient, and sample properties for identification and layer thickness estimation of silica sand distribution using L-band synthetic aperture radar. Canadian Journal of Remote Sensing, 43(2), 95- 108.

Kausarian, H., Sumantyo, J. T. S., Kuze, H., Karya, D., & Panggabean, G. F. (2016). Silica Sand Identification using ALOS PALSAR Full Polarimetry on The Northern Coastline of Rupat Island, Indonesia. International Journal on Advanced Science, Engineering and Information Technology, 6(5), 568-573.

Kausarian, H., Batara, B., Putra, D. B. E., Suryadi, A., & Lubis, M. Z. (2018). Geological Mapping and Assessment for Measurement the Electric Grid Transmission Lines in West Sumatera Area, Indonesia. International Journal on Advanced Science, Engineering and Information Technology, 8(3), 856-862.

Mas Achmad Santoso, 1997, Penerapan Asas Tanggung Jawab Mutlak (Strick Liability) di bidang Lingkungan Hidup, ICEL, Jakarta

Sudikno Mertokusumo, 1993, Hukum Acara Perdata Indonesia, Liberty, Yogyakarta

Shidarta, 2000, Hukum Perlindungan Konsumen Indonesia, Grasindo Jakarta

Subekti, 2003, Hukum Pembuktian, Cetakan ke-14, PT Penebar Swadaya, Jakarta.

Sri Handayani, 2009, Prinsip Tanggung Gugat Produk Makanan dan Minuman serta Pembuktiannya Dalam Rangka Perlindungan Hukum Bagi Konsumen, Ringkasan Disertasi Program Pasca Sarjana Universitas Airlangga Surabaya

Susanti Adi Nugroho , 2008, Proses Penyelesaian Sengketa Konsumen Ditinjau Dari Hukum Acara Serta Kendala Implementasinya, Cetakan I, Kencana Penada Media Group, Jakarta. 107

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Internet

S.Amanda, Isi dan Sifat Kaidah Hukum, https://mediamulti.com

Liur Margareth, Konsep Hukum, https://liurmargarethword.press.com

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Undang-Undang no.8 tahun 1999 Tentang Perlndngan Konsumen, Lembaran Negara Republik Indonesia, Tahun 1999, Nomor 42.

Hethziene Indonesia Reglemen (HIR)

Rechts reglement buitengewesten (RBG) Kitab Undang-Undang Hukum Perdata. Terjemahan Subekti dan Tjitro Sudibio, Pradnya Paramita, Jakarta, 1989

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