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Journal : LEGAL BRIEF

Protection Consumer to Perspective Brand Manipulation Maqashid Syariah (Shopee Marketplace Case Study) Syafitri, Rizka; Sativa, Annisa
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1300

Abstract

Brand manipulation is one of the most common violations of intellectual property rights in marketplaces, including Shopee. This practice harms consumers and original brand owners by causing confusion, lowering product quality in the market, and threatening user safety. This study aims to analyze the factors causing brand manipulation to protect consumer rights based on the consumer Protection Law (UUPK) and explore the application of Maqashid Syariah justice values. This study uses a library research method with a descriptive qualitative approach. A statute approach is used to analyze relevant regulations, such as Law No. 8 of 1999 on Consumer Protection and Law No. 20 of 2016 on Trademarks and Geographical Indications. . Research suggests that brand manipulation results from a number of major factors: a lack of consumer knowledge of the original, a profitable economic advantage for business owners, a lack of legal supervision and enforcement, tight market competition, and a lack of clear quality standards. This dishonest act costs the consumer dearly. Maqashid sharia views all Islamic laws as aimed at keeping the five main things in human life: religion (ad-din), soul (an-nafs), reason (al-'aql), descendants (an-nasl), and treasure (al-mal). This points out that the importance of increased surveillance, more stringent law enforcement, and education of consumers to be more aware of products circulating in the marketplace. Shopee as an e-commerce platform also has a crucial role in ensuring that the sellers on the platform comply with consumer protection regulations.
Life insurance company policy on insurance claims from beneficiaries based on policy discoveries outside the claim period (case study of Manulife Medan insurance company) Arantik, Rida; Sativa, Annisa
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1372

Abstract

This study examines the policies of life insurance companies regarding claims from beneficiaries who discover a policy after the claim deadline has passed. The case study was conducted at PT Asuransi Jiwa Manulife Medan. Problems arose when beneficiaries only learned of the policy several years after the insured's death, resulting in claims being filed outside the timeframe. This study used an empirical legal method with a statutory approach and direct interviews with the company. The results showed that although the policy stipulates a claim deadline of between 30 days and one year, PT Manulife still allows for review if the policy is still active and the reason for the delay is justifiable. Policies that still have cash value are still considered active, allowing claims to be processed. These results demonstrate the importance of fairness and consumer protection in life insurance. In conclusion, there needs to be a balance between legal certainty in contracts and protection of beneficiary rights, particularly in cases of late claims caused by ignorance of the policy's existence.