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All Journal JURNAL PENGABDIAN KEPADA MASYARAKAT Al-Hayat: Journal of Islamic Education Ganaya: Jurnal Ilmu Sosial dan Humaniora Al-Iktisab: Journal of Islamic Economic Law ISLAMIC BUSSINESS LAW REVIEW JURNAL PENDIDIKAN TAMBUSAI Unes Law Review Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah RESLAJ: RELIGION EDUCATION SOCIAL LAA ROIBA JOURNAL Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam LEGAL BRIEF El-Mujtama: Jurnal Pengabdian Masyarakat INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Journal Of Human And Education (JAHE) QISTINA: Jurnal Multidisiplin Indonesia Hakamain: Journal of Sharia and Law Studies ISLAMIC BUSSINESS LAW REVIEW
Tarigan, Tetty Marlina
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Physics Public Health Social Sciences Other

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Journal : LEGAL BRIEF

 1 
Consumer Protection Against Overclaims of SS Skin Skincare Product Composition, Ibnu Taimiyah's Perspective Hasibuan, Siti Erika Jumintan; Tarigan, Tetty Marlina
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.v14i2.1281

Abstract

This study examines consumer protection against overclaim practices in the marketing of SKINCARE SS Skin products from Ibn Taimiyah's perspective. Overclaim practices, such as excessive claims regarding the percentage of content or the use of prohibited claims, have the potential to harm consumers both materially and immaterially. This study uses a normative method with a statutory and conceptual regulatory approach. Data were collected through document studies and interviews, then analyzed descriptively qualitatively. The results of the Ibn Taimiyah perspective study, this practice is included in the category of gharar (fraud) and provides false information, which is contrary to the principle of justice in transactions, indicating that overclaim practices in the marketing of SKINCARE SS Skin products violate consumer rights and the obligations of business actors as regulated in Article 3 paragraph (2) of BPOM Regulation Number 3 of 2022, Article 3 of BPOM Regulation Number 32 of 2021, and the Consumer Protection Law. Losses caused by overclaim practices include material losses, such as money spent on unsuitable products, as well as immaterial losses, such as skin health problems and emotional disappointment. Therefore, business actors are required to be responsible for consumer losses in accordance with Articles 19-20 of the Consumer Protection Act, Articles 1365-1367 of the Civil Code, and the provisions of sanctions in BPOM Regulation Number 3 of 2022
Legal Analysis of Regional Government Obligations to Provide Burial Land from the Maslahah Mursalah Perspective (Case in Brohol Village, Sei Suka District, Batu Bara Regency Irawan, Ryan; Tarigan, Tetty Marlina
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.v14i3.1370

Abstract

This study aims to analyze the government's obligation to provide burial land based on the perspective of positive law in Indonesia and the theory of maslahah mursalah in Islamic law. This study focuses on the case of Brohol Village, Sei Suka District, Batu Bara Regency, which faces the unavailability of burial land due to the lack of attention and active role from the government. The research method used in this study is empirical juridical. The approach used by the researcher is a qualitative approach with descriptive analysis. with primary data collection based on observation and interviews while secondary data is based on literature studies. The results of this study indicate that Brohol Village still does not have land for burial. Based on the Law and the perspective of maslahah mursalah, the Regional Government and Village Government have an obligation to provide burial land used for the Brohol Village community. However, in reality, the government has not yet fulfilled this obligation until the time this research was conducted
Lawsuit Against the Regent of Deli Serdang Regarding the Appointment of an Interim Village Head in Buah Nabar Village from a Fiqh Siyasah Perspective (Analytical Study of Ptun Number 42/G/2021/Ptun. Medan) Simorangkir, Suhrawardi; Tarigan, Tetty Marlina
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.v14i3.1365

Abstract

This study aims to analyze the verdict of the Medan Administrative Court (PTUN Medan) Decision Number 42/G/2021/PTUN.MDN regarding the lawsuit against the Regent of Deli Serdang concerning the interim appointment of a village head in Buah Nabar Village, Sibolangit Sub-district, Karo Regency, which resulted in certain parties feeling disadvantaged. Additionally, this study seeks to analyze the fiqh siyasah (Islamic political jurisprudence) perspective on the decision of PTUN Medan Number 42/G/2021/PTUN.MDN regarding the lawsuit filed against the regent for the interim appointment of a village head. This research is normative in nature, employing qualitative normative analysis. It involves a document study approach using various secondary data sources such as legislation, legal norms, and court decisions
Legal Protection Against Unilateral Cancellation for Tenants of Shophouses Built on Cultivated Land Based on DSN-MUI Fatwa No. 112/DSN-MUI/XI/2017 Husni, Zahra Chairawani; Tarigan, Tetty Marlina
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.v14i3.1407

Abstract

The issue of legal protection for shophouse tenants who experience unilateral cancellation due to unclear land status, particularly when the shophouse is built on cultivated land, remains a significant challenge in Indonesia's business sector. This study employs a normative legal method by analyzing laws and regulations, fatwas, and relevant literature, with a focus on the application of DSN-MUI Fatwa No. 112/DSN-MUI/XI/2017 concerning the ijarah contract. The findings indicate that tenants are highly vulnerable to financial losses and business disruptions when shophouse owners unilaterally terminate leases, especially when land ownership status is uncertain. The fatwa provides a sharia-based explanation emphasizing the importance of ownership clarity, mutual agreement, and fair compensation in lease contracts. The implementation of DSN-MUI Fatwa no. 112/DSN-MUI/XI/2017 is considered a potential solution to address unilateral cancellations, offering legal certainty and protection for all parties, as well as serving as a basis for recommendations to policymakers and business actors in creating fair and sharia-compliant lease agreements.
Implementation of Agricultural Land Lease with Harvest Season Payment System in Namu Terasi Village, Sei Bingei Subdistrict, Langkat Regency Syaufi Ginting, Muhammad Ramanda Alif; Tarigan, Tetty Marlina
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1150

Abstract

Agricultural land lease agreements with a harvest season payment system are a custom practiced by farmers in Namu Terasi Village, Sei Bingei Subdistrict, Langkat Regency. The residents of this village primarily work as farmers to sustain their livelihoods, although not all possess extensive land. Consequently, farmers in Namu Terasi Village engage in agricultural land leases with a harvest season payment system. However, some tenants fail to pay the rent within the agreed time frame, often avoiding the landowner's attempts to collect payment. In extreme cases, tenants have left the area with no known whereabouts, thus resulting in a breach of contract. This research, categorized as field research or empirical legal research, is based on primary and secondary data sources. Findings indicate that leasing agricultural land with the harvest season payment model has become customary among farmers in Namu Terasi Village, particularly for irrigated lands primarily used for rice cultivation. Lease agreements are typically conducted orally due to family connections and shared community ties. This payment system, structured around the harvest season, offers convenience to the tenant. While this lease arrangement aligns with the Civil Code’s legal contract requirements, the harvest-based payment method falls outside its purview, relying instead on mutual agreement. Should a tenant default on their obligations, they are required to compensate for any incurred costs, losses, and interest. To prevent similar issues, future lease agreements should ideally be documented in writing to ensure both parties are accountable for their respective rights and obligations
Co-Authors Adelia, Indah Ayu, Nining Dia Azzahra, Vita Bahri, Zulfa Hannum Dewi, Almira Kemala Fadhilah, Nafa Dwi Fatimah Zahara Fitriyanti, Aulia Hasibuan, Siti Erika Jumintan Herdi, Novantri Husni, Zahra Chairawani Irawan, Ryan Juwita, Gina Nasution, Miswar Nasution, Putri Firyal Ariqah Prajuliara, Dodek Rahayu, Putri Rapiq Rambe, Sari Putri simorangkir, Suhrawardi Sirait, Sri Wardani Sri Wahyuni Syafruddin Syam Syahfitri, Nadia Syaufi Ginting, Muhammad Ramanda Alif Winnugroho Wiratman, Manfaluthy Hakim, Tiara Aninditha, Aru W. Sudoyo, Joedo Prihartono Zarkawi, Ahmad Farhan