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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

Comparison of Railway Regulations Between Indonesia and Japan from a Consumer Protection Perspective: What and How? Churniawan, Erifendi; Ependi, Ahmad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6490

Abstract

This study examines the comparative regulatory framework governing the railway systems in Indonesia and Japan from the perspective of consumer protection. The research is grounded in the significance of ensuring quality public services in the railway transportation sector and the necessity of safeguarding consumer rights as service users. The primary objective of this research is to analyze the differences and similarities in railway regulations between Indonesia and Japan and to evaluate the extent to which consumer protection is accommodated within policy and implementation frameworks. This study employs a normative legal research method, utilizing a comparative law approach and a conceptual approach. Data analysis techniques include document review, statutory and regulatory analysis, and literature study related to transport regulation and public policy. The novelty of this study lies in its specific focus on consumer protection within railway transport regulation—an aspect that has rarely been studied comparatively between two countries with differing legal systems and infrastructure frameworks. The findings indicate that Japan has developed a more integrated consumer protection system, emphasizing service standards, compensation mechanisms, and operator accountability. In contrast, consumer protection in Indonesia remains general in nature and has yet to be regulated specifically within the railway sector. The study recommends that Indonesian policymakers strengthen railway regulations by explicitly incorporating principles of consumer protection and adopting best legal practices from Japan’s more consumer-oriented regulatory system.
Istinbath Method in Strengthening Ultra Qui Judicial Principles in Judicial Decisions Imran, Suwitno Yutye; Apripari, Apripari; Ishwara, Ade Sathya Sanathana; Churniawan, Erifendi; Jaya, Aristama Mega; Nurikah, Nurikah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3319

Abstract

the method of Istinbath is necessary to support the principle of Ultra Qui Judicat, enabling judges to possess moral characteristics in considering not only knowledge and reason but also Islamic law when making legal decisions. Overall, the significance of the Istinbath method in supporting the principle of Ultra Qui Judicat is paramount, especially in addressing contemporary and empirical issues not governed by legislative regulations. The aim of this research are : explain the concept of Istinbath and Ultra Qui Judicat influence the judge's decisions and the application of the Istinbath method used to reinforce the principle of Ultra Qui Judicat to judicial decisions. The result shows that The method of Istinbath is closely related to the principle of Ultra Qui Judicat since both share the same objective of achieving justice. In practice, judges can use the method of Istinbath to interpret the law and apply the principle of Ultra Qui Judicat in criminal cases. The principle of Ultra Qui Judicat and the method of Istinbath are essential instruments for judges in the criminal justice system to achieve justice in decision-making