scholarly journals SISTEM GARANSI BARANG ELEKTRONIK DALAM FIQIH MUAMALAH DAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN

2019 ◽  
Vol 9 (2) ◽  
Author(s):  
Syahrizal Abbas ◽  
Edi Yuhermansyah ◽  
Dara Masyittah
Keyword(s):  
Consumer Protection ◽  
Descriptive Analysis ◽  
Time Limit ◽  
Warranty Period ◽  
Criminal Sanctions ◽  
Guarantee System ◽  
Consumer Protection Act ◽  
Library Research ◽  
Long Time ◽  
One Year

In a transaction, especially elecronic goods can not be separated from the possibility of defects or damage to goods traded in the future, causing electronic goods manufacturers to provide guarantess ( warranty ) and impose and right to consumers with certain conditions. Regarding the time or warranty period for an item according to Malikiyah scholars whose nature is not perishable takes longer. In general, currently electronic goods are only given a one-year warranty period. Whereas in Law Number 8 Article 27 of 1999 concerning the Consumer Protection Law, the risk period for goods traded within a period of 4 years has been contained. The formulation of the problem and the pupose of this study is to find out how the warranty system is in muamalah fiqh and how is the guarantee system in the consumer protection law. The research method used can be classified as a descriptive analysis of reseach in two perspectives, namely in muamalah fiqh and UUPK, and with a qualitative approach, data is obtained through library research. The resulth of this study show that the warranty system in muamalah fiqh shows that the khiyar system for goods that have defects or damage in them ( disgrace ) applies when there is a defect ( disgrace ) damage to goods that are not easily damaged. Regarding the time to sue for losses is not set a definite time limit because items that are not easily damaged, especially electronics require a long time. And the results of research into the warranty system in the UUPK stipulate that the seller or business actor is obliged to provide guarantess for goods sold as a form of warranty for damaged goods, and the seller will be subject to criminal sanctions when compensation claims made by the consumer are rejected or not fulfilled. Regarding the time limit for the prosecution of damaged goods is set for 4 ( four ) years.Key word: Guarantees, Fiqh Muamalah, and the Consumer Protection Act 

scholarly journals Tinjauan Yuridis Perlindungan Hukum Bagi Konsumen Terhadap Produk Obat-Obatan Ilegal (Studi Kasus : BPOM Medan)

2019 ◽  
Vol 1 (2) ◽  
pp. 121-128
Author(s):  
Muhammad Ridho Al Hasymi Daulay ◽  
Utary Maharani Barus ◽  
Rafiqi Rafiqi
Keyword(s):  
Consumer Protection ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Field Research ◽  
Illegal Drug ◽  
Marketing Authorization ◽  
Business People ◽  
Drug Products ◽  
Consumer Protection Act ◽  
Library Research

Consumer protection aims to foster awareness of business people about the importance of consumer protection so that honest and responsible attitudes in the business grow. Medicines and food products are supervised by the Food and Drug Supervisory Agency or abbreviated as POM, which is in charge of overseeing the distribution of medicines and foods in Indonesia. The method used in this study is the method of Library Research and Field Research. Legal protection for consumers who use illegal drug products is by means of consumers being able to complain about their problems through litigation, this is explained in Article 45 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection and and non-litigation namely legal efforts outside the court can be through the Consumer Dispute Settlement Agency (BPSK) established and regulated in the Consumer Protection Act. The responsibility given by the Food and Drug Supervisory Agency (BPOM) to the community, namely the Food and Drug Supervisory Agency (BPOM), will take firm action against producers or business actors who circulate illegal drugs in this case drugs that do not have a marketing authorization (TIE), drugs, substandart, fake drugs, or expired drugs.

scholarly journals Comparative Advertising in India: Need to Strengthen Regulations

2005 ◽  
Vol 30 (1) ◽  
pp. 67-76 ◽  
Author(s):  
Akhileshwar Pathak
Keyword(s):  
Consumer Protection ◽  
Final Decision ◽  
Comparative Advertising ◽  
Adequate Knowledge ◽  
Consumer Protection Act ◽  
Unfair Trade ◽  
Trade Practice ◽  
Long Time ◽  
The Law ◽  
Unfair Trade Practice

With the liberalization and globalization of the Indian economy, firms have been aggressively and vigorously promoting their products and services. In a comparative environment, every representation of a product or service is about what ‘others are not.’ These practices raise questions about truthfulness and fairness of representation of products and services. This paper explores regulations on comparative advertising of products and services in the context of globalization and liberalization in India. The Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, was amended in 1984 to introduce a chapter on unfair trade practices. One of the provisions constitutes any representation which ‘gives false or misleading facts disparaging the goods, services or trade of another person’ to be an unfair trade practice. The MRTP Commission and the Supreme Court have given shape to the provision. Most comparative advertisements refer to rival products as ‘ordinary,’ instead of specifically mentioning names of products. Aggrieved firms have claimed that ‘ordinary’ refers to all products other than the advertised one. The MRTP Commission, however, has maintained that the wording in the law �goods of another person� implies disparagement of an identifiable product of a specific manufacturer. Further, only if the disparagement is based on ‘false and misleading facts’ that the advertisement becomes an unfair trade practice. Establishing facts often requires detailed scientific and technical assessment of the products. Our courts are not equipped to deal with this. As courts can take a long time to settle a dispute, what has become crucial is whether a court would award intermediate injunction or not. This is restraining the party from advertising pending a final decision by the court. In fact, by the time interim injunction is granted, the advertisement may have abready done the damage. The law makes provision for compensating the party for ‘loss of business and profit.’ The courts, however, have found computing losses to be not free from ‘complications and complexities.’ Thus, courts have not been awarding compensation. All these factors together have left the field of comparative advertisement effectively unregulated. The major findings of this study in this context are: The opening up of the economy, on its own, is not going to create and sustain competition. Protection against unfair trade practices has been available under the Consumer Protection Act. Thus, the repeal of the MRTP Act would not be of any significance. Not only the consumers but even the firms need adequate law against unfair trade practices to have some �rules of the game� for competing among themselves. But, within the structure of the Consumer Protection Act, competing firms cannot be �consumers� to approach a consumer forum. The state would need to develop adequate knowledge of the working of businesses in a free economy, enact laws, and create infrastructure and mechanisms for sustaining competition.

scholarly journals Kontribusi Dan Lokalitas Tafsir Faiḍ Al-Raḥmān

HERMENEUTIK ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 245
Author(s):  
Ahmad Syahid
Keyword(s):  
Cultural Identity ◽  
Intellectual History ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Cultural Elements ◽  
Historical Approach ◽  
Library Research ◽  
Long Time ◽  
Local Languages

Nusantara's tafsir is understood as an interpretation product written by Nusantara scholars. There are things that are unique when we read the interpretations of Indonesian Ulama products. Among them, namely, the use of local languages, cultural elements and contexts that are specific to the Indonesian context. In general, after they perform the pilgrimage, they lived in Mecca-Arab for a long time to study religion over there, but their cultural identity and nationalism never disappeared. For example, Kiai Ṣaleh Darat who has a masterpiece in the form of interpretation, that is Faiḍ al-Raḥmān which will be explained in this article. The method used in this paper is descriptive analysis with a historical approach. The type of this research includes library research. The data sources are several libraries from books and journals describing Kiai Ṣaleh Darat. The result of this paper is a description of Kiai Ṣaleh Darat's intellectual history, the process of transmitting-transforming knowledge, its contribution to the thinking of the Nusantara’s Tafsir, and the locality of the interpretation of faidhur rahman.

scholarly journals CRIMINAL SANCTION CHARACTERISTICS AGAINST CORPORATION COMMITTED ON CONSUMER PROTECTION OFFENCES IN FEW COUNTRIES

2021 ◽  
Vol 56 (4) ◽  
pp. 269-278
Author(s):  
Setiyono
Keyword(s):  
Consumer Protection ◽  
The Philippines ◽  
Comparative Approach ◽  
Current Debate ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
Consumer Protection Act

This study aims to analyze the character of the sanctions system against corporations that commit consumer protection crimes. This paper is novel because it seeks to contribute to the current debate in the literature about sanctioned individuals and corporations by comparing the sanction and fines in few countries. Criminal sanctions in force in a country are very dependent on the state's reaction to the deviant activities of the corporations in the society concerned. The state's response was manifested in the sanction system policy towards corporations that commit criminal acts. A sanction system is still conventional, while a sanction system is responsive to the corporate phenomenon. Does this research discuss the sanction system's character against corporations that commit criminal acts of consumer protection? What are the problems of the system of sanctions against corporations that commit these consumer protection crimes? This research was conducted with a normative and comparative approach to comparing the sanctions against corporations that commit criminal acts of consumer protection between the Indonesian Consumer Protection Act and the Consumer Protection Act in several countries, namely Malaysia, the Philippines, Canada, and Finland. This study indicated differences in the character of the criminal sanction system between the Consumer Protection Act of Malaysia, the Philippines, Canada, Finland, and Indonesia against corporations that commit criminal acts in consumer protection. Another characteristic found is a single formulation, namely the threat of criminal fines except for the Indonesian Consumer Protection Act.

Difficulties of the Financial Reform in the USA

2013 ◽  
pp. 147-158
Author(s):  
V. Kulakova
Keyword(s):  
Economic Policy ◽  
Consumer Protection ◽  
Financial Regulation ◽  
Financial Reform ◽  
Wall Street ◽  
Political Sciences ◽  
Consumer Protection Act ◽  
The Usa ◽  
Major Factors ◽  
International Financial Regulation

We study the reform of financial regulation initiated by the Dodd—Frank Wall Street Reform and Consumer Protection Act of 2010. Major factors impeding Obama’s financial and economic policy are explored, including institutional difficulties, party warfare, lobbyism, and systemic inconsistencies of international financial regulation. We also examine challenges that are being faced by economic and political sciences due to the changes in financial regulation and also assess the level of radicality of the financial reform.

ANALISIS YURIDIS PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK BERDASARKAN KUH PERDATA DAN UNDANG - UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 18 (1) ◽  
pp. 114
Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Electronic Media ◽  
Primary Data ◽  
The Internet ◽  
Legal Problem ◽  
Civil State ◽  
Consumer Protection Act ◽  
The People

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.

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