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Comparative Analysis of Civil Law Liability Towards Consumers in Business Disputes Ridho, Fajar Ainun; Dzaki, Asif; Masruroh, Ainul
Research Horizon Vol. 4 No. 5 (2024): Research Horizon - October 2024
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.4.5.2024.356

Abstract

This research aims to determine the relationship between violation of sales and purchase contracts and losses experienced by consumers and to analyze the comparison of civil legal liability towards consumers in business disputes using the ANOVA approach in cases of violations of sales and purchase contracts because violating sales and purchase contracts can cause losses to consumers. This research uses a quantitative research design. The population in this research are consumers who carry out buying and selling goods transactions in Indonesia. The sample was selected using purposive sampling and analyzed using simple linear regression analysis and coefficient of determination to determine the relationship between the variables studied. The research results show that there are significant differences between groups in sales and purchase contract violations which influence the losses experienced by consumers. The regression coefficient (β1) of 0.75 indicates that every 1 unit increase in sales and purchase contract violations will increase the losses experienced by consumers by 0.75 units. This research implies that breaches of sales and purchase contracts can cause significant losses for consumers. Therefore, efforts need to be made to increase awareness and seriousness of business actors in protecting consumer rights.
TINJAUAN YURIDIS PENISTAAN MAKAM ULAMA DI INDONESIA Masruroh, Ainul; Afiyah, Siti; Wibowo, Ari
HUMANIS: Jurnal Ilmu-Ilmu Sosial dan Humaniora Vol 15 No 2 (2023): Juli
Publisher : LPPM UNISDA

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Abstract

The act of verbally insulting a deceased person is a crime regulated by the legal rules in force in Indonesia (KUHP). Open access allows various lectures and writings to become narratives that encourage hostility and hatred. In this case, insulting the cleric's grave gave rise to polarization and demonstrations. For this reason, it is necessary to study in more depth the elements of criminal liability that can be given to perpetrators of insults. The aim of this research is to find out how positive law regulates acts of insulting people who have died, even though the person being insulted has died. The research carried out is normative juridical research using primary, secondary, and tertiary legal materials. After the data is collected, it is then analyzed systematically and linked to legal materials. The results of this research show that even though the object of insult is a person who has died, the law regulates criminal acts of insult, which can be applied to insulting the graves of ulama. These regulations are regulated in articles 320 and 321 of the Criminal Code and articles 27 and 28 of the ITE Law.
PERSEKONGKOLAN TENDER DALAM PERSAINGAN USAHA MENURUT UU NO. 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Wulan, Dewi Nawang; Masruroh, Ainul; Rusydi, Rusydi
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 3 No 2 (2019): Desember 2019
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i2.1959

Abstract

Conspiracy tender an action collusive which can reduce the transparency and honesty among the participants of the tender. While time is the government is already set on Procurement of Goods and / or Services in electronic form of e-tendering, with the system online are expected to minimize leakage of the tender as well as the level of conspiracy tender there . But in practice leakage tender and conspiracy are still going on between the actors of business , including the Tender Works Revitalization Development Arena Youth / Teens province of West Nusa Tenggara on Year Budget 2011. Setting the tender which already are online should be able to prevent the conspiracy that happen, but in practice conspiracy tender occur with other modes namely with an agreement that is done by the participants of the tender kolusif the form of similarity IP Address, is practices outside the mechanism system of tendering set . Of things that mean conspiracy tender is still going on and still be one of the problems for the world of busines . Material laws are used as a reference will be analyzed using the technique of analysis of the contents by formulating the analysis of the decision that was decided by the Commission for the Supervision of Competition Usaha (KPPU). Results of the study showed that the system electronics have not fully guarantee the tender free of the conspiracy that carried out by the perpetrators of the business . It is an impact on the budget and the level of competition of business that is healthy , from the system electronics in the form of e- tenderimg the search of a conspiracy can be detected much earlier.
LEGAL EFFORT OF THE GOVERNMENT AGAINST MISUSE OF GOVERNOR GROUND LAND REGARDING LAND FUNCTION TRANSFER Afiyah, Siti; Masruroh, Ainul; Putri, Dita Karunia Malika; Sundari, Ariefah
EQUALEGUM International Law Journal Volume 3, Issue 1, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i1.108

Abstract

Background. Governor Ground land refers to land without ownership rights, which can be interpreted as abandoned land. Abandoned land is land controlled by the state where the legal relationship between the landowner and the land has been severed, as regulated in Article 27(a) of the Basic Agrarian Law (UUPA). The government's authority over such land is specified in Article 2, paragraph (2) of the UUPA. This study aims to provide answers regarding the rights over Governor Ground land. Research Methods. The research employs normative legal methods, using a conceptual, case, and legislative approach. Legal materials were collected through literature review and analysis of articles and opinions from previous researchers. Findings. Governor Ground land can be owned or utilized if specific requirements are met and permission is obtained from the government, particularly the National Land Agency (BPN). Governor Ground is land that has no ownership rights and can be considered as abandoned land. The community can use it for the common interest in accordance with the procedures in the Law. Conclusion. This land can have rights such as HGU, HGB, and Right to Use. If these rights are misused, they can be subject to criminal penalties with a sentence of three months or a fine of up to IDR 10,000. If the land is not maintained, the government can take back the land and demolish the buildings on it.
Integration of Health Law and Radiation Safety Aspects in the Medical Physics Curriculum for Radiotherapy Treatment Widyaningrum, Ratna; Nofik, Khoirun; Masruroh, Ainul; Hernawati, Sari
Schrödinger: Journal of Physics Education Vol. 6 No. 1 (2025): March
Publisher : Cahaya Ilmu Cendekia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37251/sjpe.v6i1.1536

Abstract

Purpose of the study: This study aims to analyze the legal regulations related to radiation safety in radiotherapy and develop a systematic approach to integrating health law and radiation safety aspects into the medical physics curriculum. Methodology: A qualitative library research approach was used, analyzing journals, regulatory documents (WHO, IAEA, BAPETEN), and academic books through content analysis. Main Findings: International and national regulations, including IAEA, ICRP, and BAPETEN, strictly govern radiation safety in radiotherapy, covering dose limits, exposure monitoring, and waste management. However, medical physics curricula lack structured integration of legal and safety aspects. A systematic curriculum model is proposed, incorporating progressive learning, practical simulations, clinical internships, and competency-based assessments to enhance student preparedness in radiation protection and regulatory compliance. Novelty/Originality of this study: This study proposes a structured curriculum model linking technical and regulatory aspects through progressive learning, practical training, and industry collaboration, ensuring better radiation safety implementation in clinical practice.
AKIBAT HUKUM ATAS PEMBATALAN SURAT KEPUTUSAN BUPATI TENTANG PEMBERHENTIAN KEPALA DESA SUMURBER KECAMATAN PANCENG KABUPATEN GRESIK Eksan, Eksan; Masruroh, Ainul; Sholihan, Sholihan
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 3 No 1 (2019): Juni 2019
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i1.1863

Abstract

The agency or the administrative office of the State does not necessarily succeed in carrying out its duties, sometimes the dispute arises due to a decision of the State administration that can cause dissatisfaction. The proposed termination of village chief conducted by the Village consultative Agency is not qualified as a reason to dismiss the head of Sumurber village, Panceng District, Gresik Regency. In addition to the State Administrative Decree/object dispute is contrary to government regulation about the village, also contrary to the regional regulation of Gresik Regency number 12 Year 2006 about the village government. On the other hand, the country's administrative decisions are contrary to good principles of government. Because the State Administrative Decree/object dispute is a state administrative decision contrary to good laws and principles of government. The author uses a method of scripting which provides the solution of legal case ATS that occur. This study analyzed the cancellation of decree of Regent of Gresik No. 141/678/HK/437.12/2013, dated 3 May 2013 concerning the dismissal of the village head of Sumurber, Panceng District, Gresik Regency. The decision of deliberation of the village consultative Agency related to the termination of the village head has been null and void, as a result of the Regent's decision on the termination of Sumurber village chief is irrevocable.
PERLINDUNGAN HUKUM BAGI PELAKU USAHA TRANSPORTASI ONLINE DALAM INDUSTRI 4.0 Fahmi, Muhamad Arif; Munir, Ahmad; Masruroh, Ainul
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 3 No 2 (2019): Desember 2019
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i2.2305

Abstract

In Indonesia, the last five years is very rapid development of technology until it penetrated into the field of transportation called online transportation. The existence of online transportation is hypothesized by most people as a positive part of the evolution of Industry 4.0 in the field of transportation in Indonesia. Not a few people also look negatively at this online transportation, because the existence of online transportation is considered to displace the existence of conventional transportation and the impact of income from conventional transportation is decreasing. The need for legal protection against online transportation businesses and conventional transportation must be provided by the government. This research is a normative research that examines regulations related to transportation and legal protection of online transportation businesses. Then there needs to be a role from the government to provide a legal umbrella on this online transportation.
Evaluating The Implications of Indonesia's Omnibus Law: Legal, Political, and Economic Perspectives Prasetyo, Vincentius Pantjahjono Heru; Bagastianto, Rian Cahyo; Widayanto, Anjas; Sulistyani, Oktavia Patma; Yanto, Heru Tri; Masruroh, Ainul
Law Development Journal Vol 7, No 1 (2025): March 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.1.132-143

Abstract

The Omnibus Law in Indonesia, enacted as Law No. 6 of 2023, has generated significant debate regarding its legal, political, and economic implications. The law seeks to simplify complex regulations and promote investment by overhauling approximately 80 existing laws across various sectors. Its primary aim is to foster economic growth, ease business processes, and create job opportunities. However, the law has been met with strong opposition from various stakeholders, including academics, labor unions, and NGOs, who argue that it disproportionately benefits corporations and foreign investors while undermining labor rights and environmental protections. This research aims to analyze the legal, political, and economic implications of the Omnibus Law, evaluating its effectiveness in achieving its intended goals while assessing its impact on labor rights and democratic governance. The study employs a normative legal research methodology, focusing on doctrinal analysis of the law’s provisions, consistency with constitutional principles, and alignment with democratic values. The findings reveal that while the law has the potential to stimulate economic growth, its legal ambiguities and bureaucratic inefficiencies pose challenges to effective implementation. Furthermore, concerns about transparency in the legislative process and the potential exacerbation of social inequality underscore the need for further refinement. The study concludes that the law must be adjusted to better align with Indonesia’s constitutional principles and social justice ideals.
Adolescent Forced Marriage and Community Misconduct: Rethinking Islamic Family Law Larasati, Yuniar Galuh; Fernando, Henky; Barkah, Qodariah; Prasojo, Zaenuddin Hudi; Atika, Atika; SA, Romli; Masruroh, Ainul; Sintang, Suraya; Morin, Leanne
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3367

Abstract

The normalization of forced marriage as a response to adolescents' involvement in behaviors perceived by their communities as socially or religiously inappropriate, such as premarital interactions or relationships beyond culturally sanctioned norms, may result in complex and disproportionate consequences for the adolescents involved. This study addresses gaps in prior research by exploring the characteristics of these cases, the prevailing community interpretations, and the rationale behind legitimizing forced marriage as a form of moral resolution. The findings highlight three key insights. First, forced marriage is often constructed as a culturally informed response to situations involving behaviors considered socially sensitive. Second, People commonly understand such practices as preserving family honor and fulfilling communal or religious expectations. Third, these responses are typically driven more by shared moral and cultural frameworks than by considerations of the adolescent's rights and well-being. This study contributes to the discourse on Islamic family law by illustrating how community-based interpretations of morality, honor, and religious obligation may shape the application of legal and ethical principles in cases involving adolescents, particularly within the framework of protection and justice for minors.
Self-Declare as an Implementation of Islamic Business Ethics and Its Relevance to Consumer Protection Masruroh, Ainul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4394

Abstract

Although halal certification is mandated by Law Number 33 of 2014 concerning Halal Product Assurance, its implementation is difficult especially for micro and small businesses (MSMEs). Self-declaration provides a way for MSMEs, although there are concerns about the accuracy and consumer trust. This research examines the intersection between halal self-declaration, Islamic business ethics, and consumer protection. By using normative legal research, this study highlights the importance of monitoring the regulations of the Halal Product Assurance Law and ethical principles in ensuring halal integrity and protecting consumer rights. Self-declaration is in line with Islamic business ethics, emphasizing unity, justice, and honesty. This ensures consumer protection by prioritizing transparency and compliance with halal standards. Effective supervision by BPJPH, MUI, and other relevant institutions is necessary, as well as considering sanctions for businesses that do not comply. This is important to protect consumer rights and maintain halal integrity as stipulated in consumer protection laws.