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All Journal JURNAL HUKUM Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Ilmiah Hukum LEGALITY Sultan Agung Notary Law Review MILRev: Metro Islamic Law Review KOPEMAS
Djunaedi Djunaedi
Faculty Of Law, Sultan Agung University, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Criticism of legal protection for victims of drug abuse: the disharmony in legal substance regulation Andri Winjaya Laksana; Hendro Widodo; Moh Aris Siswanto; H. D. Djunaedi; Setiawan Widiyoko
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36680

Abstract

This research aims to analyse the legal regulation of narcotics addicts in Indonesia and legal protection for victims of drug abuse, the disharmony in legal substance regulation.  Law Number 35 of 2009 concerning Narcotics in Indonesia establishes the legal framework for rehabilitation, protection and eradication of narcotics abuse at the national level. This regulation requires rehabilitation measures for narcotics users, especially those categorised as victims, and provides uniform law enforcement guidelines. On the other hand, regional regulations can expand and strengthen national regulations by adapting local approaches to suit the needs of local communities. This is legal research using qualitative research methods. Legal regulations for narcotics addicts in Indonesia are regulated in Law No. 35 of 2009 concerning Narcotics with a rehabilitative approach, but it still faces various challenges in its implementation. In Law No. 35 of 2009 concerning Narcotics, the disharmony of articles can arise due to several factors, including differing interpretations, unclear legal norms, or inconsistency with other relevant regulations. What is often debated is the different approaches between rehabilitation for narcotics addicts and criminal punishment for narcotics crime perpetrators in the Narcotics Law. Article 54 states that narcotics addicts are required to undergo medical and social rehabilitation. On the contrary, Article 127 paragraph (1) asserts that narcotics users without rights or against the law are subject to imprisonment.
Bridging Legal Traditions in Consumer Protection: Criminal Liability in Comparative Jurisprudence and Contemporary Islamic Law Bambang Suheryadi; Hariyanto; Bambang Sugeng Ariadi Subagyono; Agus Yudha Hernoko; HD. Djunaedi
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12863

Abstract

Consumer protection has become an increasingly urgent legal issue in the era of global trade and digital commerce, where complex market structures and cross-border transactions intensify the vulnerability of consumers. This study aims to examine the construction of criminal liability in consumer protection by bridging different legal traditions through a comparative analysis of contemporary legal systems and Islamic legal principles. The research employs a normative legal method, using a comparative and conceptual approach to analyse statutory regulations, jurisprudence, and legal scholarship from several jurisdictions, including Indonesia, the United Kingdom, and Malaysia, alongside perspectives from contemporary Islamic law. The findings demonstrate that Indonesia's consumer protection regime, regulated under Law No. 8 of 1999 on Consumer Protection, is primarily grounded in the principles of benefit, justice, and legal certainty. Yet, it still places criminal sanctions as ultimum remedium and largely relies on fault-based liability with a reverse burden of proof. In contrast, the United Kingdom applies a strict liability regime for defective products, influenced by the Product Liability Directive, which enables stronger producer accountability regardless of fault. Malaysia adopts a hybrid regulatory approach, particularly in addressing consumer risks within digital and online transactions. From the perspective of contemporary Islamic law, consumer protection is normatively supported by principles such as the protection of property (ḥifẓ al-māl), the removal of harm (al-ḍarar yuzāl), and the prohibition of fraudulent practices (gharar and tadlīs), which conceptually reinforce stricter liability frameworks for producers. This study contributes to the development of consumer protection discourse by proposing a bridging framework between comparative jurisprudence and Islamic legal principles. It argues that integrating strict liability concepts with maqāṣid-oriented Islamic legal values can strengthen the normative and institutional design of consumer protection regimes, particularly in Indonesia, by enhancing legal certainty, accountability, and consumer justice in the contemporary marketplace.
Co-Authors Agus Yudha Hernoko Amin Purnawan Andhika Yuli Rimbawan Andi Aina Ilmih Andri Winjaya Laksana Bambang Sugeng Ariadi Subagyono Dwi Wahyono H.Dwi Wahyono Hamzeh Abu Issa Hariyanto Hendro Widodo Hendro Widodo Ilham Wahyu Wicaksana Jane Florin Merietta Lathifah Hanim Maryanto Maryanto Miftahul Rosyadi Moh Aris Siswanto Nurmalah Nurmalah Setiawan Widiyoko Setyawati Setyawati Siti Anggraini Suheryadi, Bambang Yeni Amalia