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OBSTACLES TO THE PROCESS OF SEXUAL VIOLENCE LAW ENFORCEMENT IN ACEH UTARA Zulkifli; Rahman, Arief; Martina
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 2 (2023): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i2.414

Abstract

Aceh Province as recorded by the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) Aceh, although there are still 697 cases of sexual violence against women from January to September 2021. The legal basis used in the law enforcement process of sexual violence against women in North Aceh is Aceh Qanun No. 6 of 2014 concerning Jinayat Law, but in its implementation there are various obstacles faced. The study aims to identify obstacles to the law enforcement process of sexual violence against women in North Aceh. Respondents in the study amounted to 21 people selected by accidental sampling. The types of data in the form of primary data and secondary data were analyzed descriptively qualitatively. The results of the study explainthat there are obstacles in law enforcement of sexual violence against women in North Aceh District among the legal obstacles, namelyThe District Court is not authorized to hear cases of rape because the case should have referred to the qanun jinayat instead of the Child Protection Law. Law enforcement constraints are communication barriers between law enforcers and victims who do not understand the use of Indonesian, especially children, facilities and facilities constraints which include lack of consequences of budget and lack of shelter as well as the high cost of visas, and societal and cultural constraints that includethe families of the victims are reluctant to report cases of sexual violence because they consider this incident to be a disgrace and must be covered up. In the end, some of the case investigations stopped in the middle of the road.
Temporary Detention in Investigating Criminal Cases and Their Legal Consequences Akli, Zul; Abidin, Zainal; Nasir, Muhammad; Johari, Johari; Zulkifli, Zulkifli
Interdisciplinary Social Studies Vol. 1 No. 3 (2021): Reguler Issue
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v1i3.157

Abstract

Background: In the provisions of Article 28(A) of the 1945 Constitution it is stated that "everyone has the right to live and has the right to maintain his life and life. "This guarantee is not only limited to the order of discourse, the realization of the guarantee can be seen in the Criminal Code and in the provisions of Law No. 8 of 1981 concerning the Criminal Procedure Law (KUHAP) also aims to find and obtain material truth or at least approach the complete material truth. Aim: To uphold the rule of law, thus realizing a national legal system that serves the national interest based on justice and truth. Method: This research is normative legal research, so it requires primary legal material sourced from primary sources, namely legislation, official records or treatises in the making of legislation, and judge's rulings related to the formulation of the problem Findings: The temporary detention in the examination of criminal cases based on the provisions of Article 21 of the Kuhap is appropriately carried out by the relevant parties, but there are still many weaknesses faced. Although the purpose of temporary detention is to detain criminals temporarily, for learning and law enforcement in the community, to realize legal certainty in the midst of society, detention is also only the result of a choice over the purpose of law enforcement that is temporarily taken.
Consumer Protection in Cash-Based Motor Vehicle Transactions: An Empirical Socio-Legal Study in Lhokseumawe, Indonesia Zulkifli Zulkifli; Arief Rahman
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 2 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19572162

Abstract

This study examines the effectiveness of consumer protection law enforcement in cash-based motor vehicle transactions in Lhokseumawe, Indonesia. Despite the normative guarantees provided by Law No. 8 of 1999, cash consumers continue to face structural and behavioral barriers in practice. Using an empirical socio-legal approach with a mixed-methods design, this research draws on survey data from 100 consumers and in-depth interviews with key stakeholders, including dealers and regulatory authorities. The findings reveal a significant implementation gap, where legal enforcement remains largely symbolic. A “credit-centric bias” among dealers systematically disadvantages cash buyers through limited unit availability, slower administrative processes, and restricted access to information. Additionally, weak institutional oversight and the absence of active consumer advocacy organizations contribute to a regulatory vacuum that allows such practices to persist. Low levels of consumer legal literacy further exacerbate the problem, leading to a condition of “false rights fulfillment,” where consumers perceive their rights as satisfied despite experiencing procedural discrimination. This study concludes that improving consumer protection requires a shift from passive to proactive regulatory enforcement, supported by stronger institutional supervision and the development of local advocacy mechanisms. The findings contribute to a deeper understanding of how economic incentives can undermine the practical effectiveness of consumer protection law in emerging markets.
REDEFINING CONSUMER PROTECTION: A CRITICAL EVALUATION OF FAIRNESS AND JUSTICE IN MODERN TRADE TRANSACTIONS Zulkifli; Nasrianti; Muhibuddin; Rahmaniar; Teuku Yudi Afrizal
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Consumer protection in trade transactions has become a critical issue in modern commerce, especially with the rise of digital transactions. Despite existing regulations, many consumers remain vulnerable to information asymmetry, exploitation, and injustice in trade. This article aims to critically evaluate the concept of justice in trade through the perspectives of human rights and public policy. The focus is on consumer protection in sale transactions, both in conventional trade and e-commerce, exploring how human rights principles and public policy can offer solutions to the injustices consumers face. This study employs a juridical-normative approach with a comparative analysis between Indonesian law and international human rights norms. Key legal frameworks such as the Indonesian Consumer Protection Law (No. 8/1999) and the Trade Law (No. 7/2014) are analyzed alongside the UN’s International Covenant on Economic, Social, and Cultural Rights (ICESCR). Primary data was collected through semi-structured interviews with 20 experts, e-commerce businesses, and consumers involved in digital trade transactions. Secondary data was derived from legal documents, consumer protection reports, and literature on Indonesian commercial law. The findings reveal that while Indonesia’s legal framework provides a foundation for consumer protection, its implementation remains inadequate, leaving consumers exposed to unfair practices in online transactions. The article suggests that consumer protection should not merely be a contractual formality but also a moral and ethical responsibility, ensuring consumers' rights to safety, fairness, and transparent transactions. From a human rights perspective, economic justice and social fairness are integral to consumer rights. The state has an obligation to ensure access to clear information, provide mechanisms for redress, and prevent exploitative practices in trade. Public policy must strengthen oversight, regulation, and consumer education in digital trade platforms, ensuring that they are transparent, fair, and provide accessible dispute resolution mechanisms. In conclusion, consumer protection in trade should be viewed not only through contractual agreements but also as part of economic justice, safeguarding consumers' rights to clear information, fair treatment, and the ability to seek compensation for harm. The state must play an active role in fostering a trade environment that aligns with human rights and effective public policy, creating a just and equitable marketplace.
CONSUMER PROTECTION IN AN UNJUST ECONOMIC SYSTEM: A CRITIQUE OF THE WEAKNESSES IN CONSUMER PROTECTION LAW, HUMAN RIGHTS, AND PUBLIC POLICY Zulkifli; Sofyan Jafar; Muhibuddin; Teuku Yudi Afrizal; Nasrianti
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The rapid development of the digital economy in Indonesia, with a transaction value of IDR 487.01 trillion in 2024, has expanded access to goods and services, but it has also exacerbated significant injustices faced by consumers. As digital platforms become more dominant, consumers are increasingly vulnerable to issues such as misleading product information, data misuse, unfair business practices, and imbalanced bargaining power between businesses and consumers. This study aims to analyze consumer protection within an unjust economic system, from the perspectives of consumer protection law, human rights, and public policy. Using a normative juridical methodology with statutory, conceptual, and comparative approaches, this study finds that Indonesia's Consumer Protection Law (Law No. 8 of 1999) remains largely focused on formal ownership protection, yet fails to effectively address the complexities of digital transactions and information asymmetries in the digital economy. From the perspective of human rights, consumer protection emphasizes fairness, the prohibition of deception, and the protection of public interest. Meanwhile, human rights principles affirm the consumer's right to safety, accurate information, and economic justice. The study argues that public policy needs to be reconstructed to strengthen the state's responsibility, improve business accountability, ensure transparency in product information, guarantee ethical products, and establish more effective dispute resolution mechanisms. Thus, consumer protection in the digital economy must go beyond legal certainty and focus on distributive justice and the fulfillment of human rights in the digital realm.
LEGAL RECONSTRUCTION OF INTELLECTUAL PROPERTY RIGHTS PROTECTION BASED ON DIGITAL JUSTICE TOWARDS PLATFORM ECONOMIC INEQUALITY IN INDONESIA Muhibuddin; Zulkifli; Teuku Yudi Afrizal; Nasrianti; Sofyan Jafar
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 3 (2025): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Indonesia’s digital economy exceeded USD 82 billion in transaction value in 2023 and is projected to become the largest digital market in Southeast Asia by 2030. Despite this rapid growth, the expansion of platform-based digital markets has generated significant economic inequality between digital platforms and intellectual property rights (IPR) holders, particularly local creators and small digital enterprises. This study analyzes the legal reconstruction of intellectual property protection based on the principle of digital justice in addressing platform economic inequality in Indonesia. Employing a normative juridical method, the research applies statutory, conceptual, and comparative approaches. The study finds that Indonesia’s existing IPR framework remains largely conventional and has not adequately responded to challenges arising from algorithmic control, data monopolization, unequal royalty distribution, and the dominance of digital platforms within the digital economy ecosystem. Furthermore, the lack of algorithmic transparency and limited legal accountability of digital platforms contribute to structural imbalances in the distribution of digital economic benefits. This study proposes a legal reconstruction model through strengthening platform accountability, reforming digital royalty mechanisms, enhancing protection of creators’ digital rights, and harmonizing IPR regulations with digital economy and data protection laws. The study concludes that intellectual property protection in the digital era should not solely emphasize legal certainty, but must also ensure distributive digital justice and equitable economic participation in Indonesia’s platform economy.
RECONSTRUCTING CONTRACT LAW: CHALLENGES AND WEAKNESSES IN PROTECTING CONSUMER RIGHTS AND ECONOMIC JUSTICE IN THE DIGITAL ERA Teuku Yudi Afrizal; Nasrianti; Sofyan Jafar; Muhibuddin; Zulkifli
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The rapid expansion of digital platforms in Indonesia has transformed the country's economy, creating significant opportunities for businesses and consumers alike. According to the e-Conomy SEA 2023 report, e-commerce transactions in Indonesia reached IDR 487.01 trillion in 2024, marking it as one of the largest digital markets in Southeast Asia (Google, Temasek, & Bain, 2023). However, despite the economic growth, the dominance of these platforms has introduced structural inequalities that disadvantage consumers, particularly in terms of data privacy, misleading advertisements, and lack of transparency in pricing and contract terms. Traditional contract law offers a critical perspective on these issues, grounded in principles of justice, honesty, and the prohibition of uncertainty. These principles are essential for addressing the challenges arising from digital transactions, where platform monopolies and the exploitation of consumer data have become widespread. However, current Indonesian contract law, including Law No. 8 of 1999 on Consumer Protection and Law No. 27 of 2022 on Personal Data Protection, has failed to adequately protect consumers in the digital space, as these regulations were designed for traditional markets and have not evolved to address the complexities of platform-based digital contracts. This study uses a normative juridical approach to analyze the gaps in Indonesia’s current legal framework and examines how traditional principles can provide a foundation for improving consumer protection in the digital economy. By emphasizing distributive justice, platform accountability, and algorithmic transparency, the research proposes a legal reconstruction model for Indonesia that integrates human rights principles and global best practices. The findings suggest that legal reforms are urgently needed to ensure fairness, equitable access, and protection for digital consumers while fostering a more just and transparent digital marketplace.
THE URGENCY OF CONSUMER PROTECTION LEGAL REFORM IN LIVE SHOPPING TRANSACTIONS IN INDONESIA Sofyan Jafar; Muhibuddin; Zulkifli; Teuku Yudi Afrizal; Nasrianti
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The development of digital technology has driven the emergence of a new live-streaming, or live shopping, trading model on e-commerce platforms and social media in Indonesia. This trading system allows businesses to promote products interactively and in real time to consumers. While offering convenience in digital transactions, live shopping also raises various legal issues that have the potential to harm consumers, such as product information manipulation, goods that do not conform to promotions, digital fraud, the use of detrimental standard clauses, and the misuse of consumers' personal data. These conditions indicate that consumers remain in a weak position in modern digital commerce practices. This study aims to analyze the effectiveness of legal protection for consumers in live shopping transactions in Indonesia and to evaluate the weaknesses of consumer protection regulations in addressing the development of live-streaming-based digital commerce. The study uses a normative legal research method with a statutory, conceptual, and case-based approach. Legal materials were obtained through a literature review consisting of primary, secondary, and tertiary legal materials. The results indicate that legal protection for consumers in live shopping practices is not yet effective. Law Number 8 of 1999 concerning Consumer Protection and Law Number 11 of 2008 concerning Information and Electronic Transactions do not specifically regulate live shopping-based trade mechanisms. Furthermore, weak oversight of digital platforms, low public legal literacy, and suboptimal digital dispute resolution mechanisms mean that consumer legal protection remains normative and unable to provide maximum legal certainty. The novelty of this research lies in its specific analysis of the effectiveness of consumer legal protection in live shopping practices, a rapidly growing modern digital commerce model in Indonesia. This research also emphasizes the urgency of digital regulatory reforms that are more adaptive to technological developments and e-commerce activities.