Anwar, Jarkasi
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Legal Protection for Nature Reserves As Providers Of Watering Needs For Food Security Anwar, Jarkasi; Muslih, Muhamad
Unram Law Review Vol 8 No 1 (2024): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v8i1.312

Abstract

The growth of online buying and selling transactions in the business world in Indonesia needs legal protection for the parties. Legal protection issues in the e-commerce sector, include issues regarding the rights of parties, especially consumers of buying and selling online. This research aims to determine the extent to which online transactions for buying and selling are protected by consumer law and the legal efforts that consumers can take if there is fraud in online transaction. The research method used in this Article is a normative juridical research method. This research is qualitative descriptive. Data used in this research is secondary data which covers Primary, secondary, and tertiary laws. Data collection is a library technique. Qualitative description is used as a data analysis technique. The findings of this research and discussion determine that the legal protection for consumer in an online transaction is provided in Law Number 19 of 2016 concerning Information and Electronic Law and Law Number 8 of 1999 concerning the Protection of Consumers. The protection for consumers is supported by the involvement of various government agencies, national consumer protection agencies, and non-government consumer protection agencies. Conflicts related to non-fulfillment of obligations can be resolved using litigation and non-litigation lawsuits.
Efektifitas Pikukuh Baduy Tentang Perkawinan Kebal Cerai Bagi Masyarakat Adat Baduy Anwar, Jarkasi; Muslih, Muhamad
MADINAH Vol 8 No 1 (2021): Madinah: Jurnal Studi Islam
Publisher : INSTITUT AGAMA ISLAM TARBIYATUT THOLABAH LAMONGAN, INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58518/madinah.v8i1.1331

Abstract

The Baduy indigenous people as one of the ethnic groups in Indonesia have various unique and diverse cultural characteristics. The ethnic groups in Banten do not recognize divorce. Baduy people are only allowed to marry once in their lifetime unless their spouse (wife or husband) dies, then they are allowed to remarry. Apart from divorce, in Baduy society there is also a prohibition on polygamy and polyandry because Baduy people are only allowed to marry one person. Men in Baduy customs are indeed forbidden to practice polygamy because Baduy society is very thick with past culture. This is one proof that the Sunda Wiwitan religion is still highly adhered to and obeyed. The house on stilts with one door has a deep meaning. One door symbolizes loyalty so they can only have one wife. Divorce is something that is forbidden by their custom. If a divorce occurs, they are punished with very severe sanctions for them, one of which is expulsion from the Baduy area. The Baduy customary law which does not allow the community to divorce is known as the Divorced Immune Marriage. This study describes the Pikukuh Baduy (rules of prohibition from ancestors) regarding Divorced Marriage in Baduy and applies to all Baduy indigenous peoples, both Inner Baduy and Outer Baduy. The long-term goal to be achieved from this research is to find out the causes and reasons for this divorce-immune marriage and how to comply with it because according to some sources there are still those who violate this Baduy customary pikukuh. The consequences of this violation of the Baduy customary pikukuh will also be analyzed systematically and then look for positive solutions. The specific target to be achieved from this research is to strive for the Baduy community to continue to follow ancestral customs for the sake of creating the sustainability of the life of the Baduy indigenous people. Life in Baduy is very simple, but they can live in peace, serenity, and rarely get into conflict because they can adhere to the traditional rules of their ancestors. This can be a mirror for other communities in Indonesia. This will also have a positive impact on preserving the culture of the Unitary Republic of Indonesia, which is diverse in culture with its motto Bhinneka Tunggal Ika. This research uses normative juridical and sociological normative legal research methods. This research is descriptive analytical and uses Primary Data Sources and Secondary Data Sources. Descriptive in this research in the form of a description of the situation, conditions, circumstances, and the reality of the customary pikukuh that exist in the Baduy Tribe community. Then analyze what the problem is in order to find a solution to the problem. The source of the data used in this study was obtained from Library Research. Normative Jurisdiction in this study is a discussion of several existing regulations. Sociological Normative Research on law constructs law as a system of laws and regulations that have existed so far and then constructed in a society's behavior. Sociological research on law observes how the law lives in the community and what is the characteristic of a community behavior in an area in an aspect of social life to be further described, compiled, and analyzed descriptively to get a complete picture of the relationship between interests. and all values ​​that are embraced and believed by the community in the area, namely in Baduy.
Perlindungan Hukum Pembeli Produk Tidak Sesuai Dihubungkan Undang-Undang Nomor 8 Tahun 1999 Fatihuddin, Farhan; Agus, Dede; Anwar, Jarkasi
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4922

Abstract

One of the most significant digital developments is online shopping. Online shopping is highly favored by the public because it is considered to facilitate transactions. However, there are negative impacts, including dishonest merchants when marketing products, which results in losses for consumers. Therefore, the author wants to understand how legal protection is provided for consumers who lack government oversight, as well as the legal remedies that can be taken based on Law Number 8 of 1999 concerning Consumer Protection. This research method is normative-empirical law. The data used in this study are secondary and primary data. The technique for collecting secondary data is a literature study and primary data through interviews. Data processing in this study is a literature study and field. This research analysis uses a qualitative approach. The results of the study indicate that sellers are proven to not pay attention to consumer protection because they found discrepancies in the goods received, which harm consumers. It is also explained that consumers will be protected by Law Number 8 of 1999 if the consumer feels disadvantaged by the product being sold. Consumers have the right to receive comfort, security, and safety in using a product being sold to them.
Protection of the Customary Land of the Baduy Indigenous Peoples as One of the Supporting Factors for Local Food Security in the Banten Region Anwar, Jarkasi; Muslih, Muhamad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2226

Abstract

The Baduy indigenous people as one of the ethnic groups in Indonesia have various unique and diverse cultural characteristics. The ethnic groups in Banten for hundreds of years have had their main livelihood, namely farming (ngahuma) and gardening to maintain survival in obtaining food so that this ngahuma is a form of food security for the Baduy indigenous people. Some of the Baduy's ulayat land is used for ngahuma and gardening. Recently, there has been an abuse of Baduy ulayat land by some irresponsible people. Mursyid's father as a traditional leader of the Inner Baduy does not agree with the existence of illegal gold mining around the Baduy area. This will disturb the land and forest ecosystems, especially since these customary rights are in the upstream area which will certainly cause negative things for the Baduy people. The gold mining will cause negative things for the environmental ecosystem in the Baduy area and even threaten the forests protected by the government. Baduy rejects the existence of gold mining if foreign companies exploit it. The expression of one of the Baduy community leaders, "We are the trust of our ancestors, bisi ayeuna Gunung kalebur lebak karuksak karobah great-grandmother, ayeuna proof of Mount Liman menta tulung, menta guarded really I pamarentah".This study describes the exploitation of gold mining around the customary rights area in the Baduy area as well as legal protection efforts from the government for the abuse of the customary rights residential area of the Baduy Indigenous People.The long-term goal to be achieved from this research is to obtain an overview of the current condition of the customary lands of the Baduy people inside and outside the Baduy so that the government can take a stand, help maintain and prevent gold mining activities in the area of customary rights of Baduy from being disturbed. outsiders.The specific target to be achieved from this research is to ensure that the Baduy community can use food land for ngahuma and gardening to the maximum so that the food security of the Baduy indigenous peoples is maintained.This research uses normative juridical and sociological normative legal research methods. This research is descriptive analytical and uses primary data sources and secondary data sources. Descriptive in this study is a description of the situation, condition, condition, and reality of ulayat land or customary land in the Baduy community which is misused by irresponsible elements so that it has a major impact on the food security of the Baduy community. Then analyze what the problem is in order to find a solution to the problem. Sources of data used in this study were obtained from Library Research (Library Research). Normative Jurisdiction in this study is a discussion of several existing regulations. Sociological Normative Research on law constructs law as a system of laws and regulations that have existed so far and then constructed in a society's behavior. This study also uses primary data sources and secondary data which are analyzed using qualitative methods, with data collection techniques from library studies and field studies to the Inner Baduy and Outer Baduy. Interviews and observations were conducted to obtain the necessary data. The data obtained through field research and literature study were analyzed in a qualitative normative manner to obtain clarity on the problems to be discussed.
Pertanggungjawaban Hukum dan Kerugian Konsumen dalam Pemalsuan BBM: Studi Kasus Pemalsuan Pertamax di SPBU 34.151.39 Tangerang Sirait, Achmad Hafizh; Agus, Dede; Anwar, Jarkasi
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5079

Abstract

This study aims to analyze consumer legal protection against Pertamax fuel This study examines the legal accountability of business actors and the losses suffered by consumers in the Pertamax fuel counterfeiting case at Gas Station 34.151.39 in Tangerang City. The research aims to analyze the extent of consumer protection, the legal responsibilities arising from the distribution of counterfeit fuel, and the violation of good faith principles in business practices. Using a qualitative method with a case study approach, data were obtained through in-depth interviews with consumers and relevant stakeholders, field observations, and analysis of regulatory documents and supervisory reports. The study applies Philipus M. Hadjon’s Legal Protection Theory, covering preventive, repressive, and remedial mechanisms. The findings reveal that fuel adulteration—such as mixing lower-grade fuel with coloring substances to resemble Pertamax—results in significant financial and technical losses, including engine damage and reduced vehicle performance. Legal protection remains ineffective due to weak supervision and limited enforcement against business actors. The gas station operator is legally obligated, under Article 19 of the Consumer Protection Act, to provide compensation through refunds, product replacement, or other statutory remedies. The study concludes that strengthening monitoring, imposing strict sanctions, and enhancing consumer awareness are essential to ensuring effective legal protection and safeguarding consumer rights in fuel distribution.