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The Comparison of Indonesian and American Consumer Protection Laws: What and How? Wibowo, Dwi Edi
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2386

Abstract

Introduction: In this rapidly developing era of globalization, consumer protection has become an important global issue, with consumers having the right to receive adequate protection from the government and relevant legal institutions in various aspects such as product safety, service quality, and fair transactions.Purposes of the Research: This research aims to analyze the comparison of consumer protection legal substances between Indonesia and the United States, as well as to identify the differences and similarities in the implementation of consumer protection laws in both countries.Methods of the Research: This research employs normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature review, and applies descriptive-qualitative analysis to compare the substance and implementation of consumer protection laws in Indonesia and the United States.Results of the Research: Research findings show that consumer protection laws in Indonesia and the United States have significant differences that reflect each country's legal system. Indonesia relies on the Consumer Protection Act with a focus on basic consumer rights and non-litigation dispute resolution, while the US combines common law with federal and state laws, providing broader protection including data privacy and product safety. The implementation of laws in both countries also differs, with Indonesia prioritizing non-litigation mediation through BPSK (Consumer Dispute Settlement Body), while the US has a strong litigation system including class action mechanisms. Nevertheless, both countries face similar challenges in the digital era and equally emphasize the role of supervisory institutions to ensure effective law implementation.
PEMANFAATAN MESIN FEEDER SEBAGAI INOVASI EFISIENSI PROSES PEWARNAAN BATIK DALAM UPAYA PENINGKATAN KUALITAS PRODUK Sunarjo, Wenti Ayu; Dwi Edi Wibowo; Nur Baiti Nasution; Nauval Rabbani; Aditya Dimas Wahyu Sasongko; Mukhamad Adzar; Evi Latifah; Rachmawati; Mulyanto; Ubaidillah; Sarah Rum Handayani; Siti Nurlaela
Jurnal Berdaya Mandiri Vol. 6 No. 3 (2024): JURNAL BERDAYA MANDIRI (JBM)
Publisher : Universitas PGRI Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jbm.v6i3.6784

Abstract

Batik is a product that has become Indonesia's cultural identity. As a batik city, Pekalongan continues to strive to improve the quality of batik products so that Indonesian batik does not become extinct. One of the things that makes batik attractive is its motifs and colors. Through its appeal, batik will increasingly exist and become global. In line with the problems that exist in the batik industry, namely the problem of production time efficiency, this community service aims to provide solutions to problems in the batik industry in order to save or reduce production time, especially in the batik industry. color dyeing stage, while maintaining the quality of the batik. The dyeing process carried out by the batik industry which is the activity partner, namely Perkumpulan Kampoeng Batik Kauman and Kampung Wisata Batik Pesindon, still uses traditional dyeing techniques, so that through a batik dyeing machine solution called a feeder machine, the batik production process at the dyeing stage can be made easier. The results of this service activity were achieved with evidence of a success rate based on evaluation results reaching 87.4% as a dyeing tool innovation that had an impact on efficiency and with a color dyeing printing time of around 20-30 minutes on one 2x1m sheet of paper. cloth. Furthermore, the results of using the feeder machine are visible in the even coloring results and the batik wax does not break. This means that apart from being an efficiency solution, the feeder machine also improves the quality of batik.
Internationalization of Halal Product Assurance Standards in Indonesia in Ensuring Consumer Rights: Implications and Orientation Wibowo, Dwi Edi; Soeharto, Achmad; Taufiq; Kunantiyorini, Anik; Prematura, Aditya Migi; Begishev, Ildar
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p356-384

Abstract

Halal product assurance is part of consumer rights that ensures consumers receive a legal guarantee for a product that has been certified halal. In Indonesia, there are efforts to internationalize halal product assurance standards through cooperation with other countries. This research aims to analyze the legal implications and orientation related to the internationalization of halal product assurance standards in Indonesia with other countries. This research is a normative legal study that emphasizes conceptual, legislative, and historical approaches. The research results indicate that the internationalization of halal product assurance standards in Indonesia can have positive implications, such as the adoption of Indonesian halal regulations and standards by other countries, increased cooperation with both Muslim-majority and non-Muslim countries, and enhanced competitiveness of Indonesian products in the global halal industry market, particularly from the small, micro, and medium enterprise sector. Future orientation in the internationalization of halal product assurance standards in Indonesia can be achieved through strengthening cooperation with non-Muslim countries in terms of technology transfer, and with Muslim countries to improve the quality of halal certification and strengthen their position in the global halal market. This research offers novelty in the form of international collaboration and legal implications that can have a wide-ranging impact, especially on the competitiveness of Indonesian products in the global halal market. This research recommends a revision of Government Regulation No. 39 of 2021 concerning the Implementation of the Halal Product Assurance Sector to formulate more optimal regulations regarding international cooperation in halal product assurance standards in Indonesia. Keywords: Consumer Rights, Internationalization, Halal Product Assurance, Cooperation.
The Restorative Justice Orientation to Hoax Spreaders on Social Media: Urgency and Formulation Flora, Henny Saida; Khomaini, Khomaini; Wibowo, Dwi Edi
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1580

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Introduction: The development of the use of digital media has had an impact on the amount of hoax information on social media. The large amount of hoax information in the community has made law enforcement officials immediately apply criminal law enforcement against hoax news spreaders.Purposes of the Research: The urgency and formulation of the application of restorative justice in the crime of spreading hoax information on social media.Methods of the Research: Normative legal research with a concept and statutory approach.Results of the Research: The urgency of implementing RJ for perpetrators of criminal acts of spreading hoaxes on social media because RJ's orientation is to provide compensation for victims as well as having a future orientation to educate the public so they can prevent criminal acts from occurring. The application of RJ in cases of criminal acts of spreading hoaxes on social media can be formulated by regulating the application of RJ in cases of criminal acts of spreading hoaxes on social media by revising the provisions of the SKB UU ITE. Revision of the Joint Decree on the ITE Law by incorporating the RJ aspect as an effort to resolve the criminal act of spreading hoaxes on social media as well as the criminal act of the ITE Law in general.
Minimum Wages and Welfare of Private Lecturers in Indonesia: Perspectives of Islamic Law and Positive Law Ahyani, Hisam; Muharir, Muharir; Khairuddin, Khairuddin; Rahman, Encep Taufik; Wibowo, Dwi Edi; Ulummudin, Ulummudin; Abduloh, Agus Yosep; Kuncoro, Irfan; Lousada, Sérgio António Neves
Abdurrauf Law and Sharia Vol. 2 No. 1 (2025): Abdurrauf Law and Sharia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/arlash.v2i1.191

Abstract

This study examines the welfare issues of private university lecturers in Indonesia who receive substandard wages, by analyzing them through the perspectives of Islamic law and positive law. The objective of this paper is to explore the alignment between the principles of wage justice in Islamic law and the wage regulations within the national legal framework, especially concerning employment in the private higher education sector. The methodology employed is normative juridical with a qualitative analysis of legal documents and Islamic legal literature. The findings indicate that private lecturers are employed under contractual agreements subject to labor regulations, which often fail to provide adequate welfare guarantees. On the other hand, Islamic law emphasizes justice, fairness, and certainty in wage distribution as part of workers' rights protection. The main novelty of this study lies in identifying the gap between the normative ideals of Islamic law and the practical enforcement of positive law in the higher education context. The impact of this research is to propose an integrative legal approach that incorporates Islamic ethical values into wage regulation policies, aiming to improve the socio-economic well-being of academic professionals in Indonesia. Abstrak: Penelitian ini mengkaji permasalahan kesejahteraan dosen perguruan tinggi swasta (PTS) di Indonesia yang menerima upah di bawah standar, dengan meninjau dari perspektif hukum Islam dan hukum positif. Tujuan dari studi ini adalah untuk menggali kesesuaian prinsip-prinsip keadilan upah dalam hukum Islam dengan pengaturan pengupahan dalam sistem hukum nasional, khususnya terhadap tenaga kerja di sektor pendidikan tinggi swasta. Metodologi yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif dengan analisis kualitatif terhadap dokumen hukum dan literatur keislaman. Hasil kajian menunjukkan bahwa dosen PTS memiliki status hubungan kerja berdasarkan perjanjian kerja yang tunduk pada aturan ketenagakerjaan, yang dalam praktiknya belum memberikan jaminan kesejahteraan yang memadai. Sementara itu, hukum Islam menekankan keadilan, kelayakan, dan kepastian dalam pemberian upah sebagai bagian dari perlindungan hak pekerja. Temuan utama dari penelitian ini menunjukkan adanya kesenjangan antara idealisme hukum Islam dan implementasi hukum positif di sektor pendidikan tinggi. Studi ini memberikan kontribusi dengan menawarkan pendekatan integratif antara hukum Islam dan hukum ketenagakerjaan untuk mendorong formulasi kebijakan pengupahan yang lebih adil dan berorientasi pada kesejahteraan akademisi di Indonesia. Kata kunci: hukum Islam; hukum ketenagakerjaan; kesejahteraan dosen; perguruan tinggi swasta; upah minimum  
How Consumers in Indonesia Are Protected Fairly? Analysis of Law No. 8 of 1999 concerning Consumer Protection Wibowo, Dwi Edi
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 1 (2020): Legal Protection in Broader Context in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i1.22870

Abstract

The progress of the times accompanied by increasingly sophisticated technology, opens new opportunities in the national economic development sector. New opportunities, namely business opportunities, are expected to encourage the macroeconomic sector to become more advanced so as to be able to improve the level of welfare of the people of Indonesia, with an increase in business opportunities in the modern world, so goods and services as the main commodity will certainly develop as well. However, goods and services as an element in these economic transactions open up opportunities for the emergence of possible losses suffered by consumers as part of fraud, negligence, or intentional business actors. This condition raises an understanding of the need for protection of consumers as parties who are often harmed by the actions of these 'naughty' business actors. In fact, an institution has been formed which aims to bring consumers to defend their rights as consumers, namely the Indonesian Consumers Foundation, but consumers are still reluctant to go through the judiciary for themselves so that they are more resigned to what they experience.
Legal Protection Regarding the Absentee Sale and Purchase of Agricultural Land in Pekalongan City, Central Java Aditya, Agung; Wibowo, Dwi Edi; Prematura, Aditya Migi; Yazid, Ahmad
Law Research Review Quarterly Vol. 11 No. 1 (2025): Justice, Crime, and Law Enforcement in Various Contexts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i1.22285

Abstract

The objective of this study is to examine and analyze the considerations used by the Land Office of Pekalongan City in rejecting applications for the transfer of ownership rights over agricultural land in Pekalongan City, Central Java. Additionally, this study aims to explore and analyze the resolution of issues related to the sale and purchase of agricultural land that do not meet the minimum land area requirements stipulated by law. This research adopts a descriptive approach with an empirical juridical method. The study involves library research to obtain secondary data through document analysis, while field research is conducted to gather primary data through interviews with research subjects using structured interview guidelines. The analysis employed in this study is qualitative and presented descriptively. Based on the anticipated findings, the author expects that the considerations used by the National Land Office include the following: first, the land is being purchased by a buyer who resides outside the subdistrict where the agricultural land is located, with a distance of approximately nine kilometers between the land and the buyer’s residence. The second consideration pertains to the land size, as the object of the sale measures less than two hectares. To address these issues, buyers may pursue several resolution strategies. One approach is to designate one among them as the sole owner or transfer ownership to another party, in accordance with Article 9(2) of Law No. 56 Prp of 1960. Another possible solution is land conversion through drainage, as the land in question does not fall within a designated green area.
LEGAL PLURALISM AND TEXTUALISM: CONTRASTING APPROACHES TO ISLAMIC INHERITANCE LAW IN INDONESIA AND OMAN Taufiq, Taufiq; Kunantiyorini, Anik; Soeharto, Achmad; Wibowo, Dwi Edi; Ezzerouali, Souad Ahmed
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.47546

Abstract

Islamic inheritance law highlights diverse approaches to its interpretation and implementation in Muslim-majority countries such as Indonesia and Oman. These differences arise from a legal gap between the universal principles outlined in the Qur'an and their application within national legal frameworks. In Indonesia, Islamic inheritance law functions within a pluralistic legal system, whereas in Oman, Sharia principles serve as the primary and integral foundation of the judiciary. This article examines how the foundational philosophy of Islamic inheritance law is understood and applied in Indonesia and Oman, two countries with contrasting legal systems, to identify both normative and practical challenges, as well as the implications of these differences for future legal development. Employing a normative and comparative legal approach, the study reviews relevant legislation, fatwas, and court decisions in both countries, alongside an analysis of classical and contemporary Islamic jurisprudence. The findings indicate that Indonesia adopts a conciliatory approach, balancing religious norms with modern social needs, while Oman tends to adhere to a more literal and textual interpretation of inheritance law. These differences reflect the dynamic nature of Islamic inheritance law philosophy in responding to each country's unique social, cultural, and political contexts. This contributes to the ongoing discourse on developing an adaptive and context-sensitive understanding of Islamic inheritance law within various national legal systems.
Legal Policy of Disparity in Sentencing as a Ground for Judicial Review in Indonesia Corruption Cases Djatmika, Prija; Rahman, Wahbi; Wibowo, Dwi Edi; Weku, Robert Lengkong; Osman, Noor Dzuhaidah
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13287

Abstract

Article 263 paragraph (2) of Law Number 8 of 1981 concerning the Criminal Procedure Code limits the grounds on which a Judicial Review of a court decision may be filed. This limitation stems from the extraordinary nature of the Judicial Review, as it provides a mechanism to reopen a case that has obtained permanent legal force (inkracht van gewijsde). Errors in assessing the grounds for a Judicial Review can undermine the principles of legal certainty and justice, which are fundamental to the rule of law. This paper analyzes the use of sentencing disparity in corruption cases as a basis for Judicial Review, as recognized by the Supreme Court of Indonesia. The study employs a normative-descriptive research method. The findings indicate that sentencing disparity in corruption cases is multi-causal, suggesting that it does not always constitute a factual matter but may also involve legal considerations. The study concludes that determining sentencing disparity as an instance of judicial error in a Judicial Review must be conducted with due regard to the principle of judicial independence. Furthermore, with the issuance of Supreme Court Regulation No. 1 of 2020 concerning Sentencing Guidelines under Articles 2 and 3 of the Corruption Eradication Law, issues of sentencing disparity should ideally be resolved through ordinary legal remedies such as appeals or cassation.
Optimalisasi Pemasaran Digital Dan Pendaftaran Hak Merek Pada UMKM Batik Menuju Dayasaing Global Sunarjo, Wenti Ayu; Wibowo, Dwi Edi; Nasution, Nur Baiti; Rabbani, Nauval; Sasongko, Aditya Dimas Wahyu
PENA ABDIMAS : Jurnal Pengabdian Masyarakat Vol 5 No 1 (2024): Januari 2024
Publisher : LPPM Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/abdms.v5i1.4115

Abstract

Community service activity partners are a group of productive partners, namely batik MSMEs in Pekalongan City, namely those who are members of the Kauman batik kampoeng association and the Pesindon batik tourism village. The main problem is marketing, especially digital product marketing in improving the brand image of batik MSMEs towards global competitiveness. This is in line with the aim of community service to optimize digital marketing for batik MSMEs to be able to increase global competitiveness through digital marketing training and mentoring activities by utilizing social media and e-commerce platforms and brand rights registration as part of MSME branding and functions so that consumers can characterizes a product owned by batik MSMEs so that it can differentiate it from other batik products. This activity is divided into three stages, namely the preparation stage including identifying each partner's problem and preparing a problem solving plan, the implementation stage in the form of introducing digital marketing strategies as well as training on marketing utilization and optimization as well as introduction and assistance in creating brand rights, the conclusion evaluation stage of the entire activity, suggestions and conclusions from the results of community service activities. The results obtained from this activity are that batik MSMEs are still minimal in optimizing digitalization for marketing their products, as well as brand rights, only 20% of batik MSMEs have trademarks, the rest have no awareness of trademarks and don't even want to officially register their danang brands.