scholarly journals EKSISTENSI KHIYAR DALAM UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI TOKO MODERN (Analisis Hukum Ekonomi Syariah)

2016 ◽  
Vol 15 (1) ◽  
pp. 69
Author(s):  
Rahmatul Huda
Keyword(s):  
Consumer Protection ◽  
Islamic Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Right

Indonesia is a country that is predominantly Muslim, so that Muslim consumers certainly get the protection of the goods and/or services in accordance with Islamic law. Because the protection of the rights of every citizen of Indonesia. Khiyar is one form of consumer protection in Islam. Surely, khiyar as one of the forms to protect the rights of Muslim consumers are contained in the Consumer Protection Law. This thesis aims to determine: (1) Existence khiyar in Law No. 8 of 1999 on Consumer Protection, and (2) Analysis of the existence of khiyar in Law No. 8 of 1999 on Consumer Protection. This research is a normative law (normative legal research), namely legal research conducted by examining the legal material. The approach taken in this study is the statute approach and the conceptual approach. Based on the method used produced the conclusion that the existence khiyar in Law No. 8 of 1999 on Consumer Protection, contained in article 4, which khiyar aib and khiyar syarath with the right to safety (article 4 letter a), khiyar majlis and khiyar ta'yin with the right to choose (article 4 letter b), khiyar tadlis and khiyar aib with the right to be informed (article 4 letter c and h), and khiyar ru'yah with the right to be heard (article 4 letter d ). Existence khiyar in article 4 of the Law No. 8 of 1999 on Consumer Protection in terms of the Islamic economic law in accordance with the rules of fiqh, maqasid shari'ah, and fiqh.

UPAYA HUKUM TERHADAP ORANGTUA YANG TIDAK MELAKSANAKAN KEWAJIBAN ALIMENTASI DALAM PERSPEKTIF PERLINDUNGAN ANAK

2019 ◽  
Vol 7 (2) ◽  
pp. 307
Author(s):  
Tyas Sekar Mawarni ◽  
Anjar Sri Ciptorukmi Nugraheni
Keyword(s):  
Child Protection ◽  
Theoretical Studies ◽  
Cost Of Living ◽  
Legal Research ◽  
Conceptual Approach ◽  
Family Problems ◽  
The Law ◽  
The Right ◽  
Legal Substances

<p>Abstract</p><p>The purpose of this study is to explain the legal efforts that can be done if the parents do not implement the obligation of alimentation in the perspective of child protection. The method used is the method of legal research normatif (legal research), with the approach of the law (statute approach) and conceptual approach (conseptual approach). The legal substances used in this study include primary and secondary legal materials. The results of this study explain the parental remedies that do not carry out alimentation obligations in theoretical studies can be done by litigation or court and non-litigation or out of court. However, for non-litigation settlement in Indonesia is not yet available for family problems. Legal efforts through litigation may include the filing of livelihood rights and the execution of a permanent judge’s decision regarding the right of alimentation (cost of living).</p><p>Keywords: Legal effort;alimentation obligation; child; and child protection.</p><p> </p><p>Abstrak</p><p>Tujuan penelitian ini ialah untuk menjelaskan upaya hukum yang dapat dilakukan apabila orangtua tidak melaksanakan kewajiban alimentasi dalam perspektif perlindungan anak.Metode yang digunakan ialah metode penelitian hukum normatif (legal research), dengan pendekatan undang-undang (statute approach) dan pendekatan konseptual (conseptual approach).Bahan hukum yang dipergunakan dalam penelitian ini meliputi bahan hukum primer dan sekunder.Hasil penelitian ini menjelaskan mengenai upaya hukum orangtua yang tidak melaksanakan kewajiban alimentasi secara kajian teoritis dapat dilakukan dengan litigasi atau pengadilan dan non-litigasi atau di luar pengadilan.Namun, untuk penyelesaian melalui nonlitigasi di Indonesia belum difasilitasi Negara Mengenai masalah keluarga. Upaya hukum melalui Litigasi dapat berupa pengajuan hak nafkah dan eksekusi putusan hakim yang berkekuatan tetap mengenai hak alimentasi (biaya nafkah).</p><p>Kata Kunci: Upaya hukum; kewajiban alimentasi;anak;dan perlindungan anak.</p>

scholarly journals Fleksibelitas Hukum Ekonomi Syariah

2018 ◽  
Vol 1 (2) ◽  
pp. 161
Author(s):  
Murtadho Ridwan
Keyword(s):  
Literature Review ◽  
Islamic Law ◽  
Economic Law ◽  
The Law ◽  
Islamic Economic ◽  
The Times ◽  
To Receive

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>

scholarly journals PRINSIP KEADILAN DAN KESEIMBANGAN DALAM PENENTUAN NILAI TUKAR BARANG (HARGA) PERSPEKTIF ISLAM DAN HUKUM PERLINDUNGAN KONSUMEN

2014 ◽  
Vol 6 (2) ◽  
Author(s):  
Iffaty Nasyiah
Keyword(s):  
Exchange Rate ◽  
Consumer Protection ◽  
Islamic Law ◽  
Consumer Rights ◽  
Production Values ◽  
The Law ◽  
The Exchange Rate ◽  
The Right

The Law No. 8 of 1999 about Consumer Protection Article 4 letter b said that one of consumer rights, namely the right to select and obtain goods in accordance with the exchange rate. Not found in authentic explanation regarding this exchange rate, if the exchange rate is the exchange rate that is in accordance with the agreement between the seller and the buyer, or in accordance with the production values or the exchange rate that corresponds to the price market, this then raises the question of free interpretation among the businessmen that the exchange rate is determined only by the desire of businessmen and weighing of benefits desired by businesses alone, so that entrepreneurs are allowed to set the exchange rate goods many times from the value of its production. In Islamic law is not found the rules regarding the determination of the limits of this exchange rate, but Islam is a tolerant religion, including in determining the exchange rate as the words of the Prophet Muhammad: "May Allah have mercy to a tolerant person (easy) when it sells, tolerant when buying, tolerant when fulfilling the obligation and tolerant when claiming its rights”. (HR. Bukhari from Jabir)

scholarly journals Pertanggungjawaban Hukum Praktik Tukang Gigi Yang Melebihi Wewenangnya

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Devi Dharmawan ◽  
Ivonne Jonathan
Keyword(s):  
Consumer Protection ◽  
Health Personnel ◽  
Criminal Code ◽  
Legal Research ◽  
Is Research ◽  
Consumer Protection Act ◽  
The People ◽  
The Law ◽  
The Right ◽  
Legal Consequences

Background: The public's lack of understanding of the different professions of dental artisans, dental technicians, and dentists has an impact on the practice that exceeds the authority carried out for years without any legal consequences borne by dental artisans. Although the regulations concerning work that can be done by dental artisans have been clearly explained in Permenkes No. 39 of 2014 this is still violated by dental artisans. In this case, the people are victims because of ignorance and high local wisdom in certain areas. Method: This study uses a type of normative juridical legal research. Normative legal research is research that focuses its study by viewing the law as a whole system rule which includes a set of principles, norms, and rules of law, both written and unwritten. Results: Giving the right to claim compensation to the patient is an effort to provide protection for each patient for a result that arises both physically and non-physically due to a mistake or negligence by health personnel. Conclusion: Dental workers can be charged with the Criminal Code article 359, 360, 361, namely whoever is due to his mistake (negligence) causes other people to be injured, severely disabled, or even die. In addition, the Consumer Protection Act No.8 of 1999 Article 4 of the Consumer Protection Law has the right to comfort, security and safety in consuming goods and/or services that can be used.

scholarly journals Pengalihan Hak Hadhanah Jatuh kepada Bapak terhadap Anak Belum Mumayyiz (Studi Kasus di Pengadilan Agama Palangka Raya)

2019 ◽  
Vol 18 (2) ◽  
pp. 158-162
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Research Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Dissertation Research ◽  
The Right

As a result of divorce, other problems also arise as a result of being granted divorce claims, both the issue of joint assets to the problem of who is more entitled to do hadhanah (maintenance) of children. In Compilation of Islamic Law Article 105 letter (a) states that in the event of divorce, the maintenance of a child who has not been mumayyiz or has not been 12 (twelve) years old is the right of his mother, then, in Article 156 letter (a) due to the termination of marriage child who hasn't mumayyiz entitled to hadhanah from his mother. The method in this dissertation research uses the type of legal research empiric research that takes place in the field, with the approach of legislation (statute approach), conceptual approach (conceptual approach), and approach (prophetic) prophetic approach is an approach with basis instrument sourced texts from the revelations received by prophets and apostles and the Sunnah. The first research problem was why Hadhanah's rights fell to the father of children who were not yet mumayyiz and the second was how the Judge's policy in deciding on hadhanah cases in the Palangka Raya Religious Court Number 0067/Pdt.G/2018/PA Plk.

Cerai Gugat Akibat Murtad (Studi Putusan Pengadilan Agama Palu No: 0249/Pdt.G/2016/PA.Pal)

Lentera Hukum ◽  
2017 ◽  
Vol 4 (1) ◽  
pp. 19
Author(s):  
Diana Aristanti ◽  
Dyah Ochtorina Susanti ◽  
Pratiwi Pusphitho Andini
Keyword(s):  
Islamic Law ◽  
Legal Research ◽  
Positive Law ◽  
The Law ◽  
The Right

Marriage can be over when one of the parties becomes apostate in which apostate may cause problems of housewifery. In this research, it argues that the judge adopts a verdict according to the Law Number 1/ 1974 and Compilation of Islamic Law. The article uses legal research which accords to the norms in the positive law including the judge decision. It concludes that apostate can affects the marriage and the children right to inheritance. Additionally, divorce may not be renewed except both conducts a new marriage. In pertaining to the children right to heritance, children could not inherit their apostate parent(s) because Islamic law determines that apostate can be the reason of losing the right to inheritance. Keywords: Divorce, Apostate, Adjudication, Children Right to Inheritance.

scholarly journals The Profit-Sharing System Between Landowners and Cultivators of Tobacco : Islamic Economic Law Perspective

2021 ◽  
Vol 43 (2) ◽  
pp. 110
Author(s):  
Dyah Ochtorina Susanti
Keyword(s):  
Profit Sharing ◽  
Final Part ◽  
Legal Research ◽  
Cooperation Agreement ◽  
Conceptual Approach ◽  
Economic Law ◽  
Production Sharing ◽  
Written Form ◽  
The Government ◽  
Islamic Economic

This research aims to find profit-sharing system between landowners and cultivators of tobacco based on Islamic Economic Law, so that it can be used by landowners and cultivators to cooperate in cultivating  tobacco fields. The method in this research using the normative legal research with the statute approach, and conceptual approach. The  results of the study in the form of 3 (three) forms of profit-sharing systems between landowners and tobacco cultivators according to Islamic economic law, which can be used, namely muzara'ah, mukhabarah, and musaqah. In the final part of this research, the researcher also provides advice to landowners and cultivators to put the cooperation agreement into written form, to prevent conflicts and disputes in the future. Further suggestions are addressed to the Government. The government needs to socialize the production sharing system in agriculture according to Islamic economic law.

scholarly journals Perlindungan Hukum Terhadap Konsumen Melalui Sertifikasi Halal pada Produk Obat-obatan Berdasarkan Undang- Undang No 33 Tahun 2014 tentang Jaminan Produk Halal

2021 ◽  
Vol 2 (2) ◽  
pp. 288-293
Author(s):  
Lsye Aprilia ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Jaya Senastri
Keyword(s):  
Medicinal Product ◽  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Medicinal Products ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Problems ◽  
The Law ◽  
Administrative Sanctions

Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.

scholarly journals Building the Values of Rahmatan Lil 'Alamin for Indonesian Economic Development at 4.0 Era from the Perspective of Philosophy and Islamic Economic Law

2021 ◽  
Vol 16 (1) ◽  
pp. 121-151
Author(s):  
Hisam Ahyani ◽  
Memet Slamet ◽  
Tobroni
Keyword(s):  
Economic Development ◽  
Social Services ◽  
Islamic Law ◽  
Islamic State ◽  
Economic Activities ◽  
Conceptual Approach ◽  
Economic Law ◽  
Philosophy Of God ◽  
Islamic Economic ◽  
Human And Nature

This research aims to build the value of rahmatan lil 'alamin in Indonesian economic development at 4.0 era from the perspective of philosophy and shariah economic law. The role of both is considered important regarding with freedom to do any economic activities in Indonesia as the non-Islamic state in the formal term yet at the same time is known as a sharia economic community due to its world’s largest Moslem population. This literature-normative research is  qualitative with a statutory, historical, comparative and conceptual approach. It found that first, rahmatan lil 'alamin (sheltering the entire ummah and not exclusive to Moslem only) value enables the philosophy of Islamic law to contribute in developing Indonesian economy. The goal of Islam as a religion to guide its believers toward the happiness of the world and the hereafter and the triangle concept among philosophy of God, human, and nature, for example, make it possible for Islamic economic with its rahmatan lil 'alamin values to cover deficiencies of the conventional economic system. Second, the philosophy of rahmatan lil 'alamin in Islamic economics can be manifested by organizing social services, such as waqf, relying on the spirit of building justice in life, narrowing social gaps, as well as enlivening Islamic values. In the era of 4.0, implementation of the value can be adjusted to recent demands and situations, such as cash waqf, halal industry, halal food, halal tourism and so on(Riset ini bertujuan menggali nilai-nilai rahmatan lil ‘alamin dalam perekonomian Indonesia era 4.0 menurut tinjauan filsafat dan hukum ekonomi syariah. Peran keduanya dianggap penting terkait kebebasan berekonomi dalam konteks Indonesia yang bukan merupakan negara Islam secara formal namun memiliki komunitas ekonomi Syariah sebagai negara Muslim terbesar di dunia. Penelitian kepustakaan-normatif ini bersifat kuantitatif dengan pendekatan perundang-undangan, sejarah, perbandingan, serta konseptual. Ia sampai pada kesimpulan bahwa, pertama, konsep rahmatan lil ‘alamin  yang menaungi seluruh ummat—tidak hanya umat Muslim—memungkinkan filsafat hukum Islam berkontribusi dalam mengembangkan perekonomian Indonesia. Tujuan Islam untuk mencapai kebahagiaan dunia-akhirat serta konsep triangle antara filsafat Tuhan, manusia dan alam, misalnya, memungkinkan tertutupinya kekurangan dalam sistem ekonomi konvensional dengan sistem ekonomi Islam. Kedua, nilai rahmatan lil ‘alamin dalam hukum ekonomi Islam dapat diwujudkan dengan menyelenggarakan kegiatan-kegiatan sosial seperti wakaf dengan semangat menciptakan kehidupan yang berkeadilan, mengurangi kesenjangan sosial serta menghidupkan nilai-nilai keislaman. Di era 4.0, implementasi nilai rahmatan lil’alamin dapat disesuaikan dengan tuntutan zaman semisal wakaf tunai, industri halal, makanan halal, wisata halal, dan lain sebagainya)

scholarly journals The ambiguity of dismissal of notary over bankruptcy in Indonesia

2021 ◽  
Vol 29 (2) ◽  
pp. 269-285
Author(s):  
Rahayu Hartini
Keyword(s):  
Content Analysis ◽  
The Other ◽  
Public Official ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Law ◽  
Notary Public ◽  
The Right ◽  
Legal Subjects ◽  
Legal Consequences

A notary is a public official who has the authority to make authentic deeds and other authorities regulated in-laws and regulations. Notaries are also private legal subjects (natuurlijk persons), which have free will to carry out legal actions. According to the Law on Notarial Positions, a Notary is dishonorably dismissed when (s)he is declared bankrupt. On the other hand, the UUK and PKPU recognize the rehabilitation of bankrupt debtors if they have fulfilled their obligations. This is where there is ambiguity or a fuzzy norm (vegen norm). Legal research aims to find out how bankruptcy is regulated in the notary position, and what are the legal consequences for the position of a notary both as a person and in relation to his/her position as a notary public? This legal research is normative juridical using a statutory approach and a conceptual approach. The legal materials obtained are analyzed using content analysis. The results of the discussion: 1). Notary bankruptcy has been regulated in UUK and PKPU as well as in the Law on Notary Position. 2). The legal consequences for a Notary who is declared bankrupt by the Commercial Court have an impact on the notary's personality, as well as on his position. According to the Law on the Position of Notary Public, if violating Article 84 which results in losses to the parties, the notary is obliged to pay compensation. According to the UUK and PKPU, this could result in the debtor losing the right to act freely on his assets, but not losing the right to perform his/her tasks and hold a position. As a recommendation, in the Law on the Position of Notary Public, it is necessary to clearly define the separation of Notary as a person from her/his position as his profession.

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