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All Journal Ilmu Hukum Prima Al-Kharaj: Journal of Islamic Economic and Business
Bintang Sri Bulan
Universitas Islam Negeri Sumatera Utara
Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of Consumer Warranty Rights by Mobile Phone Service Business Actors Maslahah Mursalah Perspective and Law No. 8 of 1999 concerning Consumer Protection (Case Study in Gunung Tua, North Padang Lawas Regency) Bintang Sri Bulan; Fatimah Zahara
Al-Kharaj: Journal of Islamic Economic and Business Vol. 8 No. 3 (2026): All articles in this issue include authors from 3 countries of origin (Indonesi
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v8i3.11410

Abstract

This study aims to analyze the implementation of consumer warranty rights in mobile phone service services and assess its conformity with applicable legal provisions and review the practice from the perspective of maslahah mursalah. The problems studied focus on the gap between legal norms and practices in the field related to the provision of guarantees by business actors. The method used is empirical legal research with a qualitative approach through interviews and literature studies. The results of the study show that the implementation of the warranty has not been running optimally. Some business actors have provided guarantees both in writing and verbally. However, there are still business actors who have not provided any warranty This condition causes consumer rights to not be fulfilled and causes legal uncertainty. Based on Law Number 8 of 1999 concerning Consumer Protection, this practice has not fulfilled the obligations of business actors. From the perspective of maslahah mursalah, this condition does not reflect the principle of benefit because it has not been able to provide protection and prevent losses for consumers. This study concludes that the implementation of the warranty has not reflected legal certainty, justice, and optimal utility. Therefore, a mandatory policy is needed for business actors to provide guarantees to consumers as a form of responsibility for the services provided and to realize more effective consumer protection.
Tinjauan Yuridis Mengenai Perlawanan Pihak Ketiga (Derden Verzet) Terhadap Putusan Verstek Bintang Sri Bulan; Fauziah Lubis
Ilmu Hukum Prima (IHP) Vol. 7 No. 2 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i2.5235

Abstract

The objective of this study is to analyze the juridical aspects of third-party objections to default judgments within the civil justice system in Indonesia. This research aims to understand how judges consider third-party objections and how such objections may affect the enforcement of default judgments. This study adopts a juridical-normative approach, aiming to deeply analyze the prevailing legal norms related to third-party opposition (derden verzet) against default judgments. This approach emphasizes an examination of legal materials, including legislation, doctrines, and court decisions. The methods used in this study are library research and document analysis, where the researcher gathers and examines relevant literature and analyzes legal documents to comprehensively understand the issues studied. The research reveals several important findings regarding third-party objections to default judgments in the context of Indonesia's civil justice system. First and foremost, to submit an objection, the third party must have a right or interest that is harmed by the default judgment. This indicates that third-party opposition cannot be made arbitrarily; it must be based on actual harm suffered by the third party as a result of the judgment. Furthermore, third parties intending to file an objection must not have been involved in the prior proceedings and must not be represented by any of the litigants in the case.  
Co-Authors Fatimah Zahara Fauziah Lubis