Analysis of Islamic Law on Consumer Protection in Hajj and Umrah Business in Indonesia

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.

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PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM PERJANJIAN BAKU JUAL BELI PERUMAHAN DENGAN PIHAK PENGEMBANG DI BALI

Acta Comitas ◽

10.24843/ac.2016.v01.i02.p08 ◽

2016 ◽

Author(s):

A.A Gde Agung Brahmanta ◽

Ibrahim. R ◽

I Made Sarjana

Keyword(s):

Consumer Protection ◽

Bargaining Power ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Standard Contract ◽

Consumer Protection Act ◽

Real Estate Developer ◽

The Status ◽

Data Source

The rapid population growth makes the need for homes also increase. There are many emerging developer companies that offer home that could be obtained on credit. Real Estate Developer parties usually make an agreement with consumers in the form of standard contract, so that the consumers here have no bargaining power but to accept what is specified by the developer. This causes consumer to have less legal protection as opposed to what is contained in the provisions of Law No. 8 of 1999 concerning Consumer Protection. The problem faced is how the position of the buyers as consumers in the purchase of standard agreement of housing, as well as how the legal protection that can be provided to the consumer in the standard housing sale and purchase agreement with developers in Bali. This research is empirical legal research whose objects of study are the terms and provisions regarding the enforcement or implementation of normative law (codification, law or contract) is in action / in abstracto on any legal events that occur in the community (in concreto). The data source used in this study is primary data and secondary data. The results of this study indicate that the Status of the buyer as a consumer in the standard housing sale and purchase agreement has a weaker position compared to the business party (developer), this is because the purchase agreement offered by the business is made in the standard contract format so that consumers do not have bargaining power over what is contained in the clauses of the home purchase agreement. Legal protection that can be provided to the consumer in standard housing sale and purchase agreement with developers in Bali, namely if in the field there is a breach of the provisions set out in the Consumer Protection Act, a developer as the party carrying out the business can legally be sued by consumers as parties who feel aggrieved, then other measures are that a developer must also adjust the standard clause in the purchase and sale agreement that it offers is still at odds with this Law.

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PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PENGGUNAAN BAHAN FORMALIN PADA MAKANAN DALAM PERSPEKTIF HUKUM ISLAM

Nurani Jurnal Kajian Syari ah dan Masyarakat ◽

10.19109/nurani.v19i1.2721 ◽

2019 ◽

Vol 19 (1) ◽

pp. 49-62

Author(s):

Gibtiah Gibtiah

Keyword(s):

Consumer Protection ◽

Islamic Law ◽

Legal Protection ◽

The Body ◽

Hazardous Substances ◽

Negative Effects ◽

Consumer Protection Act ◽

Halal Food ◽

Administrative Sanctions

In food production, many producers use food technology that makes food quickly damaged, becomes durable and stays good, by adding preservatives. so that the food can remain fresh, smell and taste unchanged, not quickly damaged or rot due to exposure to bacteria / fungi, however, many manufacturers cheat by adding preservatives that are harmful to the body, and can rob human lives, such as formalin, substances Formalin is a chemical that is used for external purposes, which if consumed will cause many negative effects on the body. The use of formaldehyde is prohibited in the use of additives in food. and can be held accountable for penalties in the form of administrative sanctions and penalties. So how is the legal protection of consumers using formalin hazardous substances according to the Consumer Protection Act? And what is the view of Islamic law on the practice of using formaldehyde in food? and what is the role of relevant institutions to protect consumers from formalin-related additives in Palembang City? Legal protection for consumers of formalin substances in the form of regulations and laws, among others: business actors are held accountable for losses suffered by consumers (Article 15 of the Consumer Protection Act Number 8 of 1999. Whereas in Islamic law regarding food containing formalin ingredients) , categorized as illegitimate to be eaten because it has been mixed between the halal and the haram.Based on the Fatwa of the Indonesian Ulema Council Number: 43 of 2012 concerning Formalin Abuse and other Hazardous Substances, formalin food is prohibited because it brings harm, ie if swallowed it can irritate the stomach, nausea, vomiting, and can lead to death, while those that are related to consumer protection are: a). Drug and Food Control Agency (BPOM); b). Institute for Self-Help Consumer Protection (LPKSM); c). National Consumer Protection Agency (BPKN) and d).Indonesian Consumers Foundation (YLKI). Keywords: Formalin, Undang-Undang Perlindungan Konsumen, halal food.

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

Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam ◽

10.29062/arrisalah.v18i1.339 ◽

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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Perlindungan Konsumen Terhadap Penipuan yang dilakukan Broker Forex Ilegal

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.2.3426.281-286 ◽

2021 ◽

Vol 2 (2) ◽

pp. 281-286

Author(s):

I Made Aswin Ksamawantara ◽

Johannes Ibrahim Kosasih ◽

I Made Minggu Widyantara

Keyword(s):

Foreign Exchange ◽

Consumer Protection ◽

Legal Protection ◽

Secondary Data ◽

Data Sources ◽

Primary Data ◽

Money Markets ◽

Legal Sanctions ◽

The Government ◽

The Guardian

The phenomenon of Foreign Exchange (Forex) that runs in the investment sector and can help the development of Indonesia. Currently forex is a trend that is endemic and attracts the attention of many parties, both investors and the public in general. Foreign exchange or forex is a type of trade or transaction that trades the currency of a country against the currencies of other countries involving the main money markets in the world for 24 hours continuously, so in this case a legal protection is needed. The purpose of this research is to analyze legal protection in Forex transactions and legal sanctions imposed by the government on illegal Forex broker activities. This research uses a normative method that with a statutory approach. Sources of data used are primary data sources and secondary data sources. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The results showed that the alleged fraudulent investment fraud case under the guise of forex trading involved illegal brokers from the Guardian Capital Group (GCG) Asia, which harmed consumers. In line with that, the government issued a legal rule, namely Law No.8 of 1999 concerning Consumer Protection. The Consumer Protection Law that has been set by the government is the legal basis that is accurate and full of optimism in protecting consumer rights.

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KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6538 ◽

2019 ◽

Vol 2 (2) ◽

pp. 392

Author(s):

Samuel Samuel ◽

Siti Nurbaiti

Keyword(s):

Dispute Resolution ◽

Consumer Protection ◽

Dispute Settlement ◽

Secondary Data ◽

District Court ◽

Primary Data ◽

Legal Research ◽

Consumer Protection Act ◽

The Law ◽

The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

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PERLINDUNGAN HUKUM PADA TINDAK PIDANA E-COMMERCE

Perspektif Hukum ◽

10.30649/phj.v18i2.160 ◽

2019 ◽

Vol 18 (2) ◽

pp. 215

Author(s):

Dewi Setyowati ◽

Candra Pratama Putra ◽

Ramdhan Dwi Saputro

Keyword(s):

Electronic Commerce ◽

Consumer Protection ◽

Legal Protection ◽

Legal Basis ◽

Electronic Evidence ◽

Consumer Protection Act ◽

Consumer Rights ◽

Correct Information ◽

Electronic Transactions ◽

The Right

In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.

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Juridical Analysis of Protection of Bank Customers from Skimming Action Reviewed from Consumer Protection Law

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v6i4.1051 ◽

2019 ◽

Vol 6 (4) ◽

pp. 546

Author(s):

Nor Hazrina ◽

Yulfasni Yulfasni ◽

Delfianti Delfianti

Keyword(s):

Consumer Protection ◽

Banking Sector ◽

Service Providers ◽

Legal Protection ◽

Primary Data ◽

Literature Study ◽

Banking Services ◽

Consumer Protection Act ◽

Automatic Teller Machine ◽

The Right

Today technology is growing rapidly including in the banking sector, banks as service providers continue to provide services to facilitate customer transactions, one of which is in the form of an ATM machine (Automatic Teller Machine), besides that customers as consumers in banking services also have the right to get comfort and security for funds entrusted by the customer to the bank, and also the bank is obliged to provide protection and safeguard against crime by third parties with skimming mode, as stipulated in the consumer protection law. The method in this research is normative juridical research. Research data were collected through literature study and interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out how the Protection of Bank Customers From the Act of Skimming Viewed from the Consumer Protection Regulation. The results of the study indicate that the form of legal protection for bank customers from acts of skimming in terms of the Consumer protection Act that is legal protection and direct protection, and if there is a skimming action that is detrimental to the customer, and it is proven that there is no element of negligence from the customer, the bank will provide compensation for the amount of money lost.

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Notary Role in Making Using Standard Contract Technology Information in The Framework of Legal Protection of Small and Medium Enterprises (SMEs)

Jurnal Akta ◽

10.30659/akta.v5i4.3726 ◽

2018 ◽

Vol 5 (4) ◽

pp. 877 ◽

Cited By ~ 1

Author(s):

Moch. Asep Rusmana ◽

Gunarto Gunarto

Keyword(s):

Small And Medium Enterprises ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Contract Manufacturing ◽

Business Transactions ◽

Standard Contract ◽

Medium Enterprises ◽

Cost Factors

The purpose of this research is; (1) to analyze the role of the notary in contract manufacturing standards using technology information in a business transaction that is carried out by SMEs, and (2) to analyze the obstacles and solutions contract manufacturing standards using technology information in providing legal protection to SMEs. Researchers use various types of data in the study, such as; (1) primary data, (2) secondary data, and (3) the data tertiary. The three types of data must be mutually supportive and have conformity with one another so that the results of this study can be justified scientifically.The conclusion of this study, namely; (1) business contracts are usually carried out by SMEs in general do not engage the services of a notary. Form of the contract was generally not made in the format of a standard contract. In general, SMEs also do not use technology information in their business transactions. Only a small portion of SMEs that have used the services of a notary and technology information in conducting business transactions, (2) while the main obstacles SMEs have not been optimally use the services of a notary in the transaction business was due to cost factors (notary) who felt still quite burdensome, attributed to the relatively small volume of the SMEs business.Keywords; Notary; Standard Contracts; Technology Information; Legal Protection and SMEs.

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ROLE OF DEED LAND BUILDERS OFFICERS (PPAT) IN ADDRESSING PROBLEM FOR REGISTRATION OF TRANSFER PROPERTY DUE TO SALE OF LAND IN EAST KOLAKA

Jurnal Akta ◽

10.30659/akta.v6i4.7625 ◽

2019 ◽

Vol 6 (4) ◽

pp. 811

Author(s):

Bambang Suprayogi ◽

Akhmad Khisni

Keyword(s):

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Public Knowledge ◽

Transfer Property ◽

The Public ◽

Land Disputes ◽

Administrative Responsibilities ◽

Legal Consequences

This study aims to determine the responsibility of the Land Deed Official (PPAT) in addressing the problems of making a deed of sale of land and how the legal consequences of the public in making the deed of sale of land if found problems in the manufacturing process PPAT deed East Kolaka District. The data used in this study are primary data, secondary data and data that can support tertiary study, then analyzed with empirical juridical methods.Based on the results of this study concluded that the role of PPAT in Kolaka East have a stake in ensuring legal certainty transitional registration of property rights to land. Legal guarantee evidenced by an authentic act, then the transition has a strong legal force (not absolute). However, due toThe lack of public knowledge relevant authorities in givingcertainty and legal protection, it is often raised issues such as land disputes and others.So should their ideal concept for the community in the form of legal counseling in growing knowledge about the importance of Land Registry as a form of awareness of legal action against the sale and purchase of land ownership before PPAT to avoid land disputes that often arise in the future. In addition, there is still much to be understood by the Land Deed Official (PPAT) and the community in the Land Registry. Conversely, if the certificate-issuing PPAT deed of sale is not in accordance with the procedure, it is charged with the responsibility PPAT legal and administrative responsibilities. Keywords : Land Deed Official (PPAT), buying and selling, East Kolaka

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The Role and Protection of Laws to Notary Related To the Dispute That Made Between the Parties

Jurnal Akta ◽

10.30659/akta.v6i4.7631 ◽

2020 ◽

Vol 6 (4) ◽

pp. 783

Author(s):

Monicha Rossalia Adigita ◽

Umar Ma’ruf ◽

Aryani Witasari

Keyword(s):

Data Analysis ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

Research Approach ◽

Sociological Research ◽

Breach Of Contract ◽

Made In

The purpose of this study to determine and analyze: 1) Factors leading to disputes between the parties relating to the deed of Notary. 2) Role of relevant Notary Deed had made in the event of a dispute between the parties. 3) The legal protection against related Notary Deed which is made in the event of a dispute between the parties. Legally sociological research approach. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary law and tertiary legal materials by means of literature. Data were then analyzed qualitatively.Based on the results of data analysis can be concluded that: 1) Factors leading to disputes between the parties relating to Deed, there are two reasons, namely: breach of contract committed by one of the parties which resulted in the loss and not the acquisition of rights of one party and if the deed made by Notary goes wrong in terms of formal and material aspects of birth. 2) The role of the Notary in the event of any dispute if the dispute caused by the parties themselves then the Notary will not be involved and would only be called as a witness in the trial, but if notaries who made a mistake in making the deed of the Notary may be sued by the parties which would result be under the hand and null and void. The parties will also get compensation if the parties feel aggrieved by deed made by Notary. 3) Protection of the Notary Law contained in Article 66 of Law No. 2 2014 On Notary, wherein if the investigators, prosecutors and judges will perform a calling and examination of the Notary, must go through the approval of the Honorary Council of Notaries.Keywords: Role and Legal Protection; Notarial Deed; Dispute

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