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Law and Consumer Protection: Study of the Scarcity of 3 kg LPG Gas Consequences of Unfair Business Competition Muhammad Anas Arifin; Kelik Wardiono
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This research, which aims to describe forms of unfair business competition practices which result in a scarcity of 3kg LPG gas and protection for consumers, is based on legal research with a non-doctrinal approach. The data in this research is primary data collected through interviews with informants selected purposively , and supported by secondary data collected by literature study. Based on the results of research and discussions conducted on business actors, it was found that there were business actors who carried out unfair business competition by practicing closed agreements; as well as business actors who carry out monopolistic practices, resulting in a shortage of 3 Kg LPG Gas and causing harm to consumers.
Beyond The Digital Panopticon: Reclaiming Humanity in Cybersecurity through Noetic-Tech Triumvirate (Data Dignity, Digital Conscience, and Digital Veracity) Kelik Wardiono
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Contemporary cybersecurity governance not only traps global citizens within the structure of a Digital Panopticon, but also triggers a deeper existential crisis: the loss of essential human consciousness. Amidst state and corporate surveillance that erodes fundamental rights through the authoritarianism of algorithms, humans are slowly being reduced to mere data commodities, stripped of their human autonomy. By deconstructing the framework of secular legal positivism, this paper conducts an operation of demystification on the text and context of cyberspace. As an antithesis, the paradigm of Noetic Law is proposed through the conceptual framework of the "Noetic-Tech Triumvirate," consisting of: Data Dignity (positioning data as an extension of human dignity), Digital Conscience (embedding transcendental conscience into algorithms), and Digital Veracity (enforcing essential truth amidst the vortex of disinformation). This paper argues that cybersecurity must evolve from merely focusing on state security to the protection of the human soul and consciousness (human soul security), ensuring that digital transformation serves as an instrument for the liberation of civilization, rather than its enslavement.
Politics of business licensing in indonesia: Involvement of community consent in building approval Nunik Nurhayati; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.3912

Abstract

This article aims to discuss the urgency of community consent and involvement in development in the era of the Job Creation Law in Indonesia. Whereas, The Job Creation Law is designed to reduce the complexity and time needed to obtain permits with the aim of ease of doing business. The impact of this policy is to eliminate community consent in building approvals as one of the basic requirements for business licensing. This research uses normative legal research methods with a statutory approach. The data analysis technique uses descriptive analysis by describing general things to specific ones by describing current business licensing policies in Indonesia to provide general ease of doing business. The results of the discussion showed that community involvement in the building approval process is an important aspect that needs to be considered in the context of the Job Creation Law in Indonesia. Community involvement can be in the form of a public consultation process, where the building owners must obtain approval or at least discuss development plans with the surrounding community to ensure that the project does not harm the interests and lives of the local communities. Looking at the process of forming and amending the Job Creation Law, where there are many community rejections and low levels of participation, it can be seen that the legal politics of the Job Creation Law belongs to an authoritarian political configuration whose legal product character is conservative. This includes the substance of the regulation, which eliminates the requirement for community consent in managing Building Approval.Keywords:Law, Job Creation, Business License, Politics
Prophetic Paradigm as an Alternative Critique Toward Hart’s Concept of Morality and Law Fitrah Hamdani; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono; Dianto Dianto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4945

Abstract

"Prophetic Paradigm" generally refers to a framework or approach that emphasizes the role of prophecy or prophetic figures in shaping religious, spiritual, or social understanding. This paradigm is often discussed in religious contexts, particularly within Christianity, Islam, and Judaism, where prophets are seen as key messengers of divine will, providing guidance, correction, and insight to communities. This article critiques the ethical principles of the epistemological basis of the relationship between law and morality in Herbert Leonel Adolphus Hart's (H.L.A. Hart) rational paradigm, which is founded on the prophetic paradigm via the lens of the Medina Charter. It employs a philosophical approach to investigate the fundamental assumptions of the epistemological foundation of legal science by connecting legal science to prophetic science. This study's data are collected from literature. This analysis shows that Hart's proposed separation of law and morality is inappropriate. Some rules are both legal and moral. Thus, the criticism of morality in the Medina Charter demonstrates that the distinction between law and morality established by Hart cannot be generally implemented and must be evaluated by taking into account social context and moral ideals considered significant by the society.
Axiological Aspects of Legal Science from the Muhammadiyah Perspective Kelik Wardiono; M Junaidi; Wardah Yuspin; Isman Isman; Trisno Rahardjo; Syamsul Hidayat
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6835

Abstract

This study aims to determine the purpose of legal science for Muhammadiyah, specifically the Majelis Tarjih (Islamic Council of Muhammadiyah). This is highly urgent, because the Majelis Tarjih is an entity within Muhammadiyah that is responsible for providing solutions to the problems of the people's lives, especially Muhammadiyah members and Muslims in general. In general, the purpose of legal science is to ensure justice, legal certainty, and benefit. Legal scholars have provided an overview of justice, legal certainty, and benefit. Some argue that law is just if it has legal certainty. Meanwhile, the law is certain if it is written or codified. On the side of benefit, there are also many differences. Is the benefit for the victim only, or for the perpetrator as well? The above matters are constantly experiencing dynamics. Therefore, Muhammadiyah, in this case the Majelis Tarjih, wants to provide an alternative purpose of legal science. Based on this, this research has a fairly high urgency, considering that the Majelis Tarjih in its legal istbath should not deviate from the purpose of the law itself. This research method is normative research with a library approach. The research begins by analyzing Islamic sharia by classifying what is fixed (muthasibat) and what is changeable (muthaghoiroh). These two aspects are then discussed in dialogue with the objectives of sharia (maqasidu shari'ah). In the next stage, the author will study the istinbat method of the tarjih assembly's law to synchronize the objectives of law with the istinbath method of the Muhammadiyah tarjih assembly. The findings of this study are that the objectives of law from the Muhammadiyah perspective are flexible. This flexibility lies in achieving benefits and avoiding harm.
Ecological Conversion as a Legal Construction of Environmental Management Based on Dayak Kanayat’n Customary Law Agustinus Astono; Absori Absori; Kelik Wardiono; Achmadi Achmadi; Nozimbek Dilboboev
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.45036

Abstract

This study investigates the practice of Munuh Adat in Dayak Kanayat’n customary law as the representation of ecological conversion and how this concept can be constructed as environmental management law. This study aims to describe the practice of Munuh Adat and formulate ecological conversion as a legal construct. Using a philosophical approach and a normative legal research method, data were analysed using a qualitative-interpretive technique. The findings indicate that documented cases of Munuh Adat in environmental matters, as reflected in Articles 80 and 81 of the Dayak Kanayat’n Customary Deliberation, represent ecological conversion through mechanisms of acknowledgment of wrongdoing, accountability of the perpetrator, ecological restoration, and cosmological reconciliation between humans, nature, and Jubata’ (God), leaving environmental violations understood as both material losses and disturbances to the balance of life that require overarching restoration. Ecological conversion can therefore be constructed as a legal concept of environmental management because it possesses normative, restorative, communal, and transcendental characteristics, along with legal system components comprising foundational values, legal subjects, protected objects, accountability mechanisms, and restoration-oriented objectives. This construction offers an alternative paradigm for the development of Indonesian environmental law that is more restorative and oriented toward ecological sustainability. This study contributes to the development of environmental law by reconstructing ecological conversion as a legal concept of environmental management established in Dayak Kanayat’n customary law, thereby extending environmental law beyond the positivist paradigm.
D’Gondangrejo Resto Investment Agreement: Legal Construction and Legal Protection for the Parties Involved Ardio Ragamufti Wisanggeni; Kelik Wardiono
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.3033

Abstract

This research is prompted by the rapid growth of investment in the culinary and recreation sectors within the strategic toll gate area of Gondangrejo, Karanganyar Regency, which has triggered various local investment cooperation models. A prominent phenomenon is the investment agreement at D’Gondangrejo Resto, involving fixed asset capital participation that often lacks specific regulation under named agreement categories. The purpose of this study is to dissect the legal construction underlying such cooperation and analyze the legal protection mechanisms for both investors and business owners to ensure legal certainty. The research method employed is normative legal research with a statutory approach and a conceptual approach, utilizing secondary data consisting of positive legal norms and relevant literature. The results indicate that the legal construction of the D’Gondangrejo Resto investment agreement is an innominate agreement which, substantially, can be analogized to a Limited Partnership (Commanditaire Vennootschap) based on Articles 19-21 of the Indonesian Commercial Code. In this structure, the investor serves as a limited partner (silent partner) responsible only for the capital invested, while the business owner acts as a general partner with full personal liability. Preventive legal protection is realized through clauses limiting liability and rights to financial transparency, while repressive legal protection is available through instruments of compensation and agreement cancellation pursuant to Article 1243 of the Civil Code in the event of a breach of contract (wanprestasi). The novelty of this research lies in its proposal of a commercial law analogy (de facto CV) to provide legal protection standards for micro-to-medium investments using hybrid contract schemes outside formal corporate entities. These findings offer a theoretical contribution to the development of local investment contract law and practical implications for strengthening cooperation agreements in the culinary service sector.
Legal Protection for Debtors in Online Loan Transactions in the Fintech Era Fanesa Amada; Kelik Wardiono
JURNAL USM LAW REVIEW Vol. 8 No. 3 (2025): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i3.12975

Abstract

The rapid expansion of financial technology (fintech) lending has widened public access to credit, yet it has also intensified legal concerns related to unequal bargaining power, non-transparent contractual terms, and the vulnerability of specific debtor groups. This study analyzes the legal relationship formed in online loan agreements between student borrowers of UIN Raden Mas Said Surakarta and fintech lending providers, and examines the forms of legal protection available to them. Previous research has primarily focused on regulatory frameworks, leaving a gap in understanding how online loan contracts operate in practice among students as a uniquely vulnerable debtor group. Using a normative juridical method supported by a descriptive qualitative approach, this study employs statutory, conceptual, and case-based analyses, complemented by interviews with student users of peer-to-peer lending services. The findings show that online loan agreements formally meet the validity requirements under Articles 1320 and 1754 of the Civil Code and are legally recognized as electronic contracts under the Electronic Information and Transactions Law. However, the contracts are largely standardized, creating an imbalance of bargaining power that limits student autonomy and increases exposure to high-interest fees, data misuse, and one-sided clauses. Legal protection for debtors is provided through preventive mechanisms—including transparency obligations, personal data safeguards, and financial literacy initiatives—and repressive mechanisms such as civil remedies, OJK complaint processes, and alternative dispute resolution through LAPS SJK. Despite this framework, implementation remains weak due to limited legal awareness and suboptimal fintech supervision. The novelty of this study lies in its contextual analysis of student borrowers, revealing specific contractual vulnerabilities and proposing stronger regulatory enforcement and legal literacy strategies to ensure fair, transparent, and sustainable fintech lending practices.  
Legal Reconstruction of Guarantee Institutions In Online Loan Disputes without Collateral Riza Restianti; Kelik Wardiono
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12823

Abstract

Riza Restianti, Kelik Wardiono Faculty of Law and Political Science, Muhammadiyah University of Surakarta, Surakarta, Indonesia c100210168@student.ums.ac.id   Abstract   This study analyzes the juridical implications of Decision No. 150/Pdt.G/2021/PN Cbi concerning the legal status of guarantee institutions in online loan disputes and their impact on legal protection and certainty. The absence of valid collateral in fintech-based lending has led to an increasing number of disputes, weakening creditors’ legal standing and contractual enforcement. This research aims to evaluate how the court’s interpretation in this decision reshapes the validity and enforceability of guarantees in digital lending contracts. Using a normative juridical method supported by qualitative analysis of legislation and judicial reasoning, the study explores the court’s assessment of unsecured lending practices within the framework of civil law principles. The results indicate that the decision underscores the necessity of verifiable and enforceable collateral mechanisms to protect creditors’ rights while maintaining fairness for debtors. Furthermore, the study highlights the urgency of reforming digital credit agreements to include structured verification and legal compliance mechanisms that uphold both transparency and contractual balance. The novelty of this research lies in its critical reconstruction of guarantee validity in online loan arrangements through the lens of judicial precedent, contributing to the development of civil law and fintech governance in Indonesia. The findings provide normative recommendations for policymakers to strengthen legal certainty, accountability, and consumer protection in digital financial transactions.
Legal Awareness Socialization in Using Internet in Paulan Village Karanganyar arief budiono; kelik Wardiono; Rizky Aditya Chandra; Syaifuddin Zuhdi; Wardah Yuspin; Achmad Miftah Farid
KADARKUM: Jurnal Pengabdian Kepada Masyarakat Vol. 5 No. 1 (2024): Juni
Publisher : Fakultas Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/kdrkm.v5i1.8198

Abstract

Indonesia is currently experiencing a very rapid technological advancement. Apart from conducting buying and selling transactions through the internet/digital media, people can also conduct businesses. Then, in this community service program, the authors discussed how to respond to this technological advancement. This is because, in this current millennial era, there is a risk for cyber-crimes and cyberbullying that is currently rampant in every existing social media to obtain money. The target of this socialization is the youth of the Paulan Village Karang Taruna (Youth Organization), Colomadu Regency, Karanganyar Regency, Central Java, Indonesia where almost all of them utilize the Internet in daily life. This community service utilized the descriptive method. The authors employed the legal counselling method as a method of analysis. This legal socialization activity was carried out through lectures, dialogs, discussions, as well as problem resolution related to legal awareness in utilizing the internet and social media with the theme “The Importance of Legal Awareness in Utilizing the Internet and Social Media”. Through this method, participants obtained materials on how to be wise in utilizing social media and the Internet. They are also trained to resolve cyber-crime-related legal issues. After participating in this event, it can be seen that the target of this socialization had a better understanding and knowledge on the Law on Electronic Information and Transaction. Apart from that, they also showed better attitudes in utilizing social media. Socialization should routinely be organized with different materials, while still discussing the importance of utilizing social media
Co-Authors Abdul Hakim Absori Achmad Miftah Farid Achmadi Achmadi Agatha Jumiati Agustinus Astono Aidul Fitiada Azhari Aidul Fitriciada Azhari Andria Luhur Prakoso Anggoro, Purwadi Wahyu Anwar Mujahidin Anwar Mujahidin Apreliyanti, Virra Ervita Ardi Akbar Tanjung Ardio Ragamufti Wisanggeni Arief Budiono Arif Budiono Arova Bakhtiar Aya Mohammed Youssef Abd Allah Ayu, Cintia Putri Kusuma Bambang Sukoco Baskoro Tri Pamungkas Budi Winarno Clarizze Yvoine Mirielle Darnoto , Sri Denriska Melinda Dewi Iriani Dewi Kusuma Diarti Dianto Dianto Dianto Dianto, Dianto Diatmoko, Tri Dwinuryidha Ken Rifqi Eiad Yafi ellectrananda anugerah ash-shidiqqi Em Sutrisna Emovwodo, Silaas Oghenemaro Eny Purwandari Erwin Yudi Prahara Erwin Yudi Prahara, Erwin Yudi Fahmi Fairuzzaman Faiq Muhammad Rafi Fanesa Amada Fauziana , Eni Fauziana, Eni Filzah Ilda Syafirah Firmansyah, Ifan Fitrah Hamdani Fitrah Hamdani Fitriani Nur Damayanti Ganindya, Brestiara Gulyamov, Said Gulyamov, Said Saidakhrarovich Harun Harun Hasti Rifah Insani Hery Dwi Utomo Hidayat, Syamsul Imaniar Rinanda Ayuningtyas Indah Maulani Isman Isman Izziyana, Wafda Vivid Jamal Hi Arsad Kachippa Suvirat Khalimah Nuraini Ridho Putri Khudzaifah Dimyati Khudzaifah Dimyati Khuzaefah Dimyati Krisanti, Hana Lyandova, Vanka M Junaidi Marisa Kurnianingsih Marita Fatimah Marjanah, Iramadya Dyah Marni Marni Mawarni, Wilda Mega Yudha Nur Rokhmah Saptari Mindipurnama Putra, Ijlal Hanif Moh. Indra Bangsawan Mohammad Busjro Muqoddas Mohammad BusjroMuqoddas Mohammed Razi Ellathodi Muchlison Anis Muh. Nashirudin Muhammad Anas Arifin Muhammad Anas Arifin Muhammad Bayu Saputro Muhammad Halim Maimun Muhammad Nurcholis Alhadi Mukhammad Ali Turdialiev Polatjon Ogli Mutimatun Niami Nanik Rumiati Natangsa Surbakti Naufal Fakhri Ghozali Nozimbek Dilboboev Nur Aida Ikrima Nur Hamidah Irba'ul Khair Nurfauzia, Elita Nadia Nurhaliza, Alfida Aulia Rahma Firdauzy Nuria Siswi Enggarani Odilbek Khazratkulov Prasetyo Utomo, Widhi Pratiwi, Betty Intan Purwadi Wahyu Anggoro Purwadi Wahyu Anggoro Puspita Sari, Arindra Raden Roro Astuti Retno Lestari Rahayu, Istiyawati Rahmi , Anggraita Nur Rahmi, Anggraita Nur Rajput, Trisha Ramon, Tomás Mateo Rina Arum Prastyanti Rina Arum Prastyanti Riza Restianti Rizka Rizky Aditya Chandra Romi Saputra Saepul Rochman Saepul Rochman Saepul Rochman Said Saidakhrarovich Gulyamov Saptari, Mega Yudha Nur Rokhmah Saputro, Muhammad Bayu Setiyawan, Wahyudi Shofia, Rahma Silaas Oghenemaro Emovwodo Siti Syahida Nurani Siti Zulaekah Sri Darnoto SRI REJEKI Sri Waljinah Sri Waljinah Sultan Alwan Syaifuddin Zuhdi Syaifuddin Zuhdi Syifa Rana Tsary Tashya Panji Nugraha Trisno Rahardjo Tsary, Syifa Rana Wafdah Vivid Iziyana Wafi Imtinan Raihan Nita Wahyudi Setiyawan Waljinah, Sri Wardah Yuspin Werdany, Kusuma Estu Wibowo, Sugeng Widananda , Clarisa Widananda, Clarisa Yafi, Eiad Yuli Kusumawati Yuniar, Siska