Garuda - Garba Rujukan Digital

Perlindungan Konsumen terhadap Penghapusan Klausul Baku Akibat Ulasan Negatif di Marketplace Shopee Perspektif Ibnu Taimiyah Khairi, Habib; Marlina Tarigan, Tetty
Riwayat: Educational Journal of History and Humanities Vol 8, No 3 (2025): July, Social Studies, Educational Research and Humanities Research.
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i3.48072

This study examines consumer protection concerning the existence of standard clauses that void warranties on electronic goods due to negative reviews on Marketplace platforms, specifically on the Shopee marketplace, from the perspective of Ibn Taimiyyahs thought. Such standard clauses have the potential to harm consumers and create an imbalance in the rights and obligations between businesses and consumers. The aim of this research is to assess the validity and fairness of these clauses from the standpoint of Indonesian positive law as well as Islamic business ethics according to the views of Ibn Taimiyyah. This study employs a qualitative approach using a case study method, collecting data through documentation and literature review. The findings reveal that clauses eliminating warranties due to negative reviews contradict the principles of justice, transparency, and honesty emphasized in Ibn Taimiyyahs teachings. Moreover, such clauses are inconsistent with consumer protection as regulated under Indonesian Consumer Protection Law. Therefore, stricter regulations and oversight are necessary to safeguard consumer rights in the digital era.Penelitian ini membahas perlindungan konsumen terhadap keberadaan klausul baku yang menghapus garansi barang elektronik akibat ulasan negatif di Marketplace, khususnya pada marketplace Shopee, dalam perspektif pemikiran Ibnu Taimiyah. Klausul baku semacam ini berpotensi merugikan konsumen dan menimbulkan ketidakseimbangan hak serta kewajiban antara pelaku usaha dan konsumen. Penelitian ini bertujuan untuk mengkaji keabsahan dan keadilan klausul tersebut ditinjau dari hukum positif Indonesia serta etika bisnis Islam menurut pandangan Ibnu Taimiyah. Pendekatan penelitian ini adalah kualitatif dengan metode studi kasus, mengumpulkan data melalui dokumentasi, dan kajian literatur. Hasil penelitian menunjukkan bahwa klausul penghapusan garansi akibat ulasan negatif bertentangan dengan prinsip keadilan, transparansi, dan kejujuran yang ditekankan dalam ajaran Ibnu Taimiyah. Selain itu, klausul tersebut juga tidak sejalan dengan perlindungan konsumen sebagaimana diatur dalam Undang-Undang Perlindungan Konsumen di Indonesia. Oleh karena itu, diperlukan regulasi dan pengawasan yang lebih tegas untuk melindungi hak-hak konsumen di era digital.

Penyelesaian Sengketa Tanah Hak Guna Usaha PT. Emha dengan Kelompok Tani Sekar Rukun di Kecamatan Sei Suka Kabupaten Batu Bara Wahyudi; Marlina Tarigan, Tetty
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i9.1696

Land disputes are a common legal problem in Indonesia, especially related to land ownership and use. Conflicts often arise due to overlapping interests between Land Use Rights (HGU) holders and communities claiming rights to the land. One prominent case is the dispute between PT. Emha as the HGU holder and the Sekar Rukun Farmers Group in Sei Suka District, Batu Bara Regency. This study uses an empirical legal approach, a research method that not only examines written legal norms or rules but also examines how the law applies in practice in society. This dispute reflects the complexity of agrarian issues in Indonesia, such as weak land administration, lack of community participation in licensing, and legal uncertainty for small farmers. Dispute resolution has taken administrative, civil, criminal, and even involved independent institutions such as Komnas HAM, showing the importance of reforming agrarian policies that are more in favor of social justice.

Perlindungan Hukum Terhadap Pembeli Rumah Bersubsidi Perspektif Kompilasi Hukum Ekonomi Syariah Di Kecamatan Percut Sei Tuan Kabupaten Deli Serdang Hasibuan, Zainuddin; Marlina Tarigan, Tetty
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.907

This research departs from the case that occurred at Griya Widuri Housing, where the state and the housing organizer, namely the developer, were deemed unable to carry outtheir obligations as they should, thus sacrificing the rights that consumers should have, namely a comfortable and safe place to live. This is due to the role of unscrupulous local residents who force and threaten their comfort and security if they do not use their services as construction workers in the housing organization area. This type of research is field research. This research approach is a sociological legal approach, using qualitative methods. The location of this research was carried out at the Griya Widuri Housing complex located at Jl. Sugeng, Sumber Rejo Timur district Percut Sei Tuan, Deli Serdang Regency, North Sumatra. The research uses primary data, namely interviews with consumers of Griya Widuri Housing, while the primary legal material is the Republic of Indonesia Supreme Court Regulation Number 2 of 2008 concerning the Compilation of Sharia Economic Law and Law Number 1 of 2011 concerning Housing and Settlement Areas. In this study, the researcher concluded that based on the Compilation of Sharia Economic Law, every transaction in Islam must be able to protect the interests and rights of consumers in replacing or covering losses experienced by consumers. So that housing developers guarantee that the quality of house buildings complies with applicable quality standards, also guaranteeing the creation of housing that is healthy, safe, harmonious and sustainable.

Wanprestasi Perjanjian Kerja PT Perkebunan Nusantara II Medan dengan Pensiunan Karyawan Hidayah, Nur; Marlina Tarigan, Tetty
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1586

This article is entitled Default of PT Perkebunan Nusantara II Medan with retired employees of PT Perkebunan Nusantara II Medan. The work agreement made and agreed upon by PT Perkebunan Nusantara II Medan with retired employees is that as long as the company has not provided old age compensation, then retired employees are still entitled to occupy official employee housing. However, the company did not comply with the work agreement that had been agreed and stipulated, PT Perkebunan Nusantara II Medan issued a summons three times to evict the retirees from the company's official housing land before giving old age compensation to retired employees, and only giving compensation money. to retired employees. The aim of this research is to explain the forms of default committed by PT Perkebunan Nusantara II Medan, and efforts to resolve breaches of employment agreements between the company and retired employees. The method used in this research is an empirical juridical method which comes from primary legal material sources by examining statutory regulations related to this research. The results of this research found that there were defaults committed by the company with efforts to resolve the default through non-litigation channels between the company and retired employees, by fulfilling the obligations and achievements that should have been fulfilled by the company.

Analysis of Seller’s Rights in Determining the Highest Retail Price (Het) of Bulk Cooking Oil from Perspective of Ibnu Taimiyah (Case Study in Sei Sikambing Village C. Ii Medan Helvetia District, Medan) Gunawan, Indra; Marlina Tarigan, Tetty
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 2 (2023): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i2.3457

This study aims to determine the rights of the seller and the cause of the increase in cooking oil as well as the right of the seller to determine the highest retail price by the government according to Ibnu Taimiyah. This research is qualitative research (field research) with a case study approach. The results of the study show that the factors that increase the price of cooking oil occur naturally, such as a decrease in the production of crude palm oil, high prices of crude palm oil, and the transfer of crude palm oil to CPO biodiesel. The price increase application is based on economic principles, so there should be no price-fixing according to Ibn Taimiyah, because it violates the seller’s right to determine the price according to market mechanisms.

Manipulation of Product Weight in Same-Day Grab Delivery by Seller Marketplace Tokopedia Medan City Perspective of DSN MUI Fatwa No. 112/DSN-MUI/IX/2017 Yuda, M.; Marlina Tarigan, Tetty
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.3836

This research is motivated by the phenomenon of product weight manipulation by Tokopedia sellers for the Grab Same Day courier service. The determination of the rates for the Grab Same Day courier service using the system of weight per kilogram of goods causes sellers to manipulate the weight of goods to be sent to consumers through the Grab Same Day delivery service. Therefore, in this study, the authors formulated the problem, namely: 1) What is the practice of product weight manipulation by the Tokopedia marketplace seller for grab same-day courier services? 2) What is the perspective of the Fatwa of the MUI National Sharia Council No. 112/DSN-MUI/IX/2017 against product weight manipulation? This study aims to find out and analyze 1) The practice of manipulating product weight by the seller marketplace Tokopedia for grab same-day courier services, 2) The Fatwa Perspective of the MUI National Sharia Council No. 112/DSN-MUI/IX/2017 on product weight manipulation. This study uses a qualitative method with a descriptive approach. Data collection techniques were carried out by conducting library research as well as field research as well as interviewing Grab Same Day drivers. The results of the study show that e-Commerce transactions on the Tokopedia marketplace have not fully complied with the provisions contained in the DSN-MUI Fatwa Number 112/DSN-MUI/IX/2017, that is, they have not fully complied with the provisions of ujrah (goods) in terms of quantity because there are some goods that are not in accordance with the Sharia, where the weight of the goods does not match the net weight, net content, or net, does not match the size, dosage, and scale according to the actual size.

Refund of Funds in Default Agreements in Regional/City Government Projects DSN-MUI Fatwa Perspective No.43/DSN-MUI/VIII/2004 Siregar, Dea Ratna Sari; Marlina Tarigan, Tetty
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 1 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i1.4400

City/regional governments have several plans to develop public facilities and infrastructure for the benefit of the community. The development of facilities and infrastructure is one of the programs in every government period. However, this work cannot be avoided from aspects of project failure or default. Projects that experienced default have occurred in Medan, Lhoksemawe, and Bukittinggi. This default occurred due to delays and inconsistencies in development which made the Medan city government request a refund of the total funds that had been given to the contractor or inconsistently because of the inaccuracy of payment for contractor services by the government. So, this article was written to find out the form of default by the Regional Government from the perspective of the MUI DSN - MUI fatwa no. 43 regarding this case. This research is qualitative research with the type of case study and normative law with data collection carried out using literature study and document study. The results of this research show that there are two forms of default committed by contractors, namely: (1) Delays in work (2) Delays in payment of funds, and (3) Non-compliance with plans and construction results. Perspective analysis of the MUI DSN – MUI fatwa no. 43 regarding this case the law is permissible. This shows the importance of fulfilling the contract in a joint agreement to achieve mutual success and comfort in making a contract or agreement.

Title

Found 7 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 7 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 7 Documents
Search