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PERLINDUNGAN HUKUM KONSUMEN MUSLIM ATAS PRODUK PANGAN HALAL Astika Nurul Hidayah; Susilo Wardani
PROSIDING SEMINAR NASIONAL LPPM UMP PROSIDING SEMINAR NASIONAL LPPM UMP 2020
Publisher : Lembaga Publikasi Ilmiah dan Penerbitan (LPIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (281.196 KB)

Abstract

Pemerintah Indonesia memiliki kewajiban untuk melindungi dan memastikan konsumen muslim mendapatkan haknya untuk mengonsumsi segala sesuatu yang halal. Aspek kehalalan ini menjadi sangat penting artinya dilihat sebagai bentuk perlindungan hukum atas hak konsumen muslim. Sebagai bentuk perlindungan atas hak-hak konsumen muslim, pemerintah telah menetapkan ketentuan yang mengatur mengenai hal tersebut dalam bentuk Undang-undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. Namun ternyata meskipun berkedudukan sebagai payung hukum, undangundang tersebut belum mengatur secara eksplisit mengenai hak konsumen muslim. Metode pendekatan yang digunakan dalam penelitian ini adalah metode kualitatif dengan pendekatan yuridis sosiologis (social legal approach). Penelitian yuridis sosiologis adalah mempelajari hubungan timbal balik antara hukum dengan lembaga-lembaga sosial lainnya yang doktrinal dan bersifat empiris. Hadirnya Undang-undang Nomor 33 Tahun 2014 tentang Jaminan Produk Halal menjadi solusi atas kebutuhan tersebut. Undang-undang ini meletakkan kewajiban bagi pelaku usaha atau produsen pangan yang mengedarkan produknyadi Indonesia untuk melakukan sertifikasi halal sebagai suatu bentuk perlindungan hukum bagi konsumen muslim di Indonesia.
Pelaksanaan Putusan Eksekusi BANI atas Sengketa Kontrak antara Badan Layanan Umum BP3TI dengan PT. Indonesia Comnets Plus dan Konsorsium NIPRESS : (Studi Putusan BANI Nomor: 927/II/ARB-BANI/2017) Pitaloka, Wening Galih; Wardani, Susilo
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7787

Abstract

The Indonesian National Arbitration Board (BANI) is an option in resolving contract disputes between the government and private parties. When the government is in a losing position in a contract dispute according to the BANI decision, the government must comply with the BANI decision. This study aims to understand the implementation of the execution of BANI decisions that conflict with Law Number 1 of 2004 concerning State Treasury and the authority of the Supreme Court to address the issue of BANI decisions that conflict with Law Number 1 of 2004 concerning State Treasury. The focus of this research includes the execution of BANI decisions that are contrary to Law Number 1 of 2004 concerning State Treasury and the Authority of the Supreme Court to the Court that confiscates state assets. The research method used in this research is normative juridical through statutory and conceptual approaches using secondary legal data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained from library research is then analyzed using descriptive qualitative. Based on the research, it is found that the execution of the BANI decision carried out by the court through the confiscation of a sum of money in an account belonging to the BP3TI Public Service Agency should not be carried out because this has contradicted Article 50 of Law Number 1 of 2004 concerning State Treasury. Therefore, the Supreme Court is expected to play a role in providing solutions by providing guidance to the lower courts including the district courts by issuing a Supreme Court Circular Letter (SEMA).
Penyelesaian Wanprestasi Simpanan Deposito Akad Mudharabah yang Tidak Dikembalikan oleh Pihak KSU Syariah BMT Berlian: (Studi Putusan Nomor 37/Pdt.G/2018/PN Bau) Zenita Putri, Fiska; Wardani, Susilo
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7858

Abstract

Default is an act of violation of an agreement between two parties. When one party is unable to carry out its obligations in accordance with the existing agreement, then this action can be fully said to be a default. Mudharabah deposits are deposits of funds with a scheme where the owner of the funds (shahibul maal) entrusts his funds to be managed by the bank (mudharib) with the results obtained shared between the owner of the funds and the bank with the ratio agreed upon from the start. This research aims to analyze the factors that cause default of unreturned mudharabah contract deposits in Decision Number 37/Pdt.G/2018/PN Bau and to analyze the settlement of default of unreturned mudharabah contract deposits in Decision Number 37/Pdt.G/2018/PN Bau. The focus of this research covers the settlement of default of mudhrabah contract deposits that are not returned by the bank. This research uses a qualitative normative juridical method through a statutory approach using secondary legal data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research, it can be concluded that the factors causing default of mudharabah contract customer deposits that are not returned by KSU Syariah BMT Berlian, namely the first cause of default is the negligence of one of the parties. Second, the parties deliberately violated the contract agreement and violated Article 36 of the Compilation of Sharia Economic Law. The settlement of the default case of mudharabah contract deposits that were not returned by the KSU Syariah BMT Berlian was that the Panel of Judges had decided the case in accordance with statutory regulations, namely Article 1246 of the Civil Code and also contained in Article 38 of the Compilation of Sharia Economic Law.
Pelindungan Hukum Terhadap Konten Kreator Anak Perdana, Rizki Gusti; Wardani, Susilo
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7908

Abstract

Content creators are flexible workers who are in demand by all groups, both adults and children. Children in digital content creation are at risk of exploitation and psychological distress. This is the case with Monella Sunshine Jo, a 5 year old celebrity who has achieved a significant level of popularity. Although children's rights in the digital world have been regulated in legislation, adequate regulations to protect children as content creators are still lacking, creating problems that need attention. This article aims to analyze the legal regulation of child labor as a content creator on social media and the legal protection of child content creators based on labor law. The method used in this research is normative research method, which examines and analyzes the subject matter with the substance of the Legislation. Based on the results of this study it can be concluded, First, legal protection of child content creators on social media and regulations in Indonesia have regulated the rights and obligations of children as workers, especially in the entertainment industry, but there are certain conditions, stating that children who have worked must do work in accordance with their requests and talents, these provisions are regulated in the Decree of the Minister of Manpower Number KEP.115/MEN/VII/2004. Second, the protection of children from work is regulated in Law Number 13 of 2003 concerning Manpower with the exception of children aged 13-15 years who may do light work as long as it does not interfere with development and health. Conditions such as written permission, work agreement, maximum time of 3 hours, daytime, and not interfering with school. Law Number 13 of 2003 on Labor prohibits child labor that endangers health, safety, or morals, as well as involving children in slavery, prostitution, the production of pornography, and the trafficking of addictive substances.
Enhancing Accounting Systems: Unleashing User Potential through Perceived Utility and Security Mudjiyanti, Rina; Kusbandiyah, Ani; Wardani, Susilo
Innovation Business Management and Accounting Journal Vol. 2 No. 3 (2023): July - September
Publisher : Mahameru Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56070/ibmaj.v2i3.48

Abstract

The modernization of digital systems requires that every activity can be reached from various places, including financial activities. This study aims to prove whether there is an effect of perceived usefulness, perceived convenience of use, security, and system quality on the actual use of accounting information systems by mobile banking users. This study used a sample of students in Purwokerto, with the provision that a student uses more than one mobile banking, to assess the usefulness, convenience, security, and quality of the system, as well as satisfaction with using mobile banking. This activity increases when all the conveniences can be felt by mobile banking users in transactions. Respondents in this study are students who use more than one mobile banking. This is useful for assessing how satisfied students are with using mobile-banking applications. The results showed that perceived convenience and usefulness had no effect on the actual use of accounting information systems. While the variables of security and system quality have an influence on the actual use of accounting information systems.
PERLINDUNGAN HUKUM BAGI DRIVER GRAB YANG MENGALAMI PESANAN FIKTIF PADA ERA GIG ECONOMY Ery Charmelita Raska; Wardani, Susilo
Collegium Studiosum Journal Vol. 7 No. 2 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i2.1439

Abstract

This research aims to analyze the legal relationship between Grab drivers and Grab platform in the context of gig economy in Banyumas Regency, as well as legal protection for drivers who experience fictitious orders. This research uses normative juridical and empirical juridical methods. The research data includes primary data from direct interviews with several drivers in Banyumas Regency and supported by secondary and tertiary data. The data analysis method uses qualitative analysis method. The first research result shows that the relationship between the driver and the platform arises due to a partnership agreement that gives birth to balanced rights and obligations between the parties. In practice, the relationship between drivers and platforms looks like a working relationship where there are elements of orders, wages, and work as well as relationships such as superiors and subordinates that create imbalances in the existing partnership agreement. So it looks like a pseudo-partnership relationship. When viewed in Regional Regulation Number 5 of 2021 concerning Creative Economy Development, Grab drivers are included in the type of freelancers with a partnership pattern system using a profit-sharing system regulated in article 4 and article 33. However, these rules still do not provide adequate legal protection for online ojek drivers. The second research result, legal protection for drivers who experience fictitious orders is still limited. The Grab platform provides protection by providing a reimbursement mechanism, which has been stated in the partnership agreement between the driver and the Grab platform. The unclear legal relationship between Grab drivers and the platform in the Gig Economy era in Banyumas causes weak protection for drivers who experience fictitious orders.
PERLINDUNGAN HUKUM TERHADAP PEKERJA ATAS KESELAMATAN DAN KESEHATAN KERJA Riyayan, Allan Ardi; Wardani, Susilo
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1442

Abstract

The purpose of this study is regarding the implementation of legal protection and efforts to prevent work accidents. The research method used is empirical using a factual approach. The data collection method uses the interview method and literature study. The data analysis method used is qualitative. The results of the study show legal protection for workers for K3 at PT. Geo Dipa Energi Wonosobo, namely (1). economic form of protection. (2). Social protection or occupational health and. (3). Technical protection or work safety. Accident prevention efforts at PT. Geo Dipa Energi Wonosobo, namely by implementing Job Safety Analysis (JSA) by identifying hazards and their control at each stage of work, namely by implementing Job Safety Analysis. The implementation of Job Safety Analysis (JSA) at PT. Geo Dipa Energi Wonosobo can help make it easier for workers to take safe work steps and can avoid various existing hazards.
WANPRESTASI TERHADAP PELAKSANAAN PEMBAYARAN KLAIM DALAM PERJANJIAN ASURANSI PENDIDIKAN Dewi, Sri Amanda; Wardani, Susilo
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1441

Abstract

This study aims to determine and analyze the implementation of the agreement between the insured in the Education insurance at PT. AJB Bumiputera Purwokerto and to determine and analyze the legal efforts to resolve the default on the payment of education insurance claims made by PT. AJB Bumiputera 1912 Purwokerto. The data analysis method in this study adopts the normative legal method descriptively to describe the current state of the subject or object of research based on the observed facts. The results of the first study showed that the implementation of the insurance agreement gave rise to rights and obligations agreed upon between the insured and the insurer, namely PT. AJB Bumiputera 1912 Purwokerto. These rights and obligations include the fulfillment of payment of education insurance claims in accordance with the provisions stated in the policy. After the agreement was implemented, the policy payment to the insured at the policy maturity date did not receive payment so that the insurer had committed a default in the form of delays in payment of education insurance claims for PT. AJB Bumiputera 1912 Purwokerto. The results of the second study were efforts to resolve disputes over defaults due to late payment of claims by PT. AJB Bumiputera 1912 Purwokerto the insured demands compensation through mediation, lawsuit, and arbitration.
Analisis Yuridis Perlindungan Privasi Terhadap Pengambilan Foto Tanpa Izin Di Era Digital Muhammad Isya, Ibrahim; Wardani, Susilo
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1332

Abstract

The development of digital technology has significantly influenced various aspects of human life, including the emergence of critical issues related to violations of personal privacy rights. One widespread form of violation is the unauthorized taking and dissemination of photographs on social media. This phenomenon endangers individual rights and may also breach legal standards, particularly concerning personal data protection. This study aims to evaluate legal protection against the unauthorized taking and dissemination of photographs based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as to identify the challenges and legal efforts in its enforcement. The research method used is normative legal research, applying statutory and conceptual approaches, with data collection carried out through a literature review of primary and secondary legal documents. The findings indicate, first, that legal protection against the unauthorized taking and dissemination of photographs in the digital era as regulated under the PDP Law includes both normative and procedural protections, along with the imposition of legal sanctions on violators. Every activity of collecting, storing, processing, and disseminating photographs must be based on the explicit consent of the data subject. Second, the implementation of the PDP Law still faces serious challenges, such as the absence of an independent supervisory authority, low public literacy regarding privacy, weak legal proof capacity by law enforcement, and the lack of standardized guidelines for explicit consent
Harmonisasi Hukum Waris Islam, Hukum Adat dan Hukum Nasional Telaah Normatif terhadap Kompilasi Hukum Islam, Hukum Adat dan KUHPerdata Salas, Maizidah; Wardani, Susilo; Suroso, Teguh
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1339

Abstract

The inheritance system in Indonesia is governed by three main legal frameworks: Islamic law, customary (adat) law, and national law. Each of these systems has its own unique characteristics and principles of distribution. This study aims to explore how Islamic inheritance law, customary law, and national inheritance law in Indonesia are harmonized with one another and how inheritance distribution is regulated under these three legal systems. The research method used in this study is normative juridical, focusing on the applicable legal provisions. The findings indicate that the Compilation of Islamic Law (KHI) stipulates inheritance distribution based on Sharia principles, granting a larger share to male heirs. In contrast, customary law emphasizes cultural values and diverse kinship systems, while the Indonesian Civil Code (KUHPerdata) provides a more formal and balanced distribution between male and female heirs. Although these three systems operate concurrently, they are not always harmonious, requiring legislative efforts and jurisprudence to align inheritance regulations in order to achieve social justice and legal certainty amidst Indonesia’s legal pluralism.