Garuda - Garba Rujukan Digital

PERLINDUNGAN HUKUM KONSUMEN TERHADAP PEREDARAN PRODUK VAKSIN PALSU Tri Astuti; Efridani Lubis; Mohammad Zakky As
Jurnal Hukum Jurisdictie Vol 1 No 2 (2019): Perlindungan Konsumen dalam Berbagai Aspek Kajian
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

In the Law 1945 the Unitary State of the Republic of Indonesia article 1 paragraph (3) affirmed that the State of Indonesia is a state of law. In addition, in the General Explanation of the 1945 Constitution on The System of State Government, it is explained that: Indonesia is a country based on law (Rechstaat) is not based on mere power (Machstaat). Laws are formulated to regulate and protect the interests of the community and to protect human rights. The need for law to provide Indonesian Consumer Protection is inevitable, in line with one of our national development goals, namely protecting the Indonesian nation and all Indonesian blood (the opening of the 1945 Constitution paragraph IV). In this study, the author focused on the formulation of the problem "How is the legal protection of consumers against the circulation of counterfeit vaccine products?". This research aims to find out the legal protection of consumers against the circulation of counterfeit vaccine products. While this research method is Normative Juridical. Referring to the formulation of the issue regarding the protection of consumer law against the circulation of counterfeit vaccine products, the Author concluded that the regulation of the circulation of vaccine products according to the consumer protection law is Consumer Protection regulated in Law No. 8 of 1999 the understanding of consumer legal protection is all legal certainty to provide protection to consumers.Supervision of the Food and Drug Administration (BPOM) in the circulation of vaccines is one of the biological products categorized as high risk products, so it requires special consideration and attention and stricter supervision than drug products in general. Legal settlement efforts on fake vaccines are carried out in two ways, namely through the general judiciary and outside the court.

PENEGAKAN HUKUM TERHADAP PENGEDARAN OBAT-OBATAN YANG TIDAK MEMILIKI IZIN EDAR PADA MASA PANDEMI COVID 19 Tantra Hadimulya; Efridani Lubis; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol 2 No 1 (2020): Perkembangan Hukum Pidana dan Penegakannya
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Lina Marlena, 1220160040, Law Enforcement Against Circulation Of Drugs That Do Not Have ACirculation Permit During The Covid 19 Pandemic. Faculty of Law, Universitas Islam Assyafi’iyah, 2020. The purpose of this study is to determine law enforcement efforts without adistribution permit during the Covid 19 pandemic. This research uses a juridical-empirical researchmethod, a problem approach based on applicable laws and regulations, then touches on legalprinciples and facts of events. that happens on the field. The results of the study can be concludedthat someone can be said to have carried out the act of circulating illegal drugs if they violate articles196-197 of Law No. 36 of 2009 concerning Health. Meanwhile, corporations that carry out illegal drug distribution are charged under Article 201 of the Health Law and also for law enforcement, forperpetrators who have circulated illegal drugs, there are several sanctions, namely for criminal sanctions the perpetrator can be subjected to articles in accordance with the health law. , and forcivil sanctions the perpetrator is responsible for providing compensation for damages or losses to consumers as a result of consuming goods, and finally administrative sanctions in the form of verbal warnings, revocation of business licenses, and imposition of disciplinary penalties based onprevailing laws and regulations.

Perlindungan Konsumen Muslim terhadap Produk Pangan Daging Non Kemasan melalui Jaminan Produk Halal Intan Nurani; Moh Zakky; Efridani Lubis
Jurnal Hukum Jurisdictie Vol 3 No 1 (2021): Aspek Syariah dalam Perkembangan Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Related to the validity of non-packaged meat food products, Law No. 8 of 1999 on Consumer Protection only stipulates that business actors are prohibited from producing and/or trading goods and/or services that do not follow the provisions of halal production, as stated "halal" contained in the label. Regarding the necessity of halal information in non-packaged meat food products, it can be seen in Law No. 33 of 2014 on Halal Product Guarantee, which includes "products" in the Halal Products Act are goods and / or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetic engineering products, and used goods used, used, or utilized by the community. While what is meant by halal products is products that have been declared halal in accordance with Islamic sharia. The Halal Product Law has clearly stipulated that products entered, circulated, and traded in the territory of Indonesia must be halal certified. So basically, if the product sold is halal, then it must be halal certified. Consumer protection law today gets quite attention because it concerns the rules for the welfare of society, not only the community as consumers who get protection, but business actors also have the same right to protection, each has rights and obligations. The government plays a role in regulating, supervising, and controlling so as to create a conducive system that is related to each other, thus the goal of the welfare of society at large can be achieved. In healthy business activities there is a balance of legal protections between consumers and producers. The absence of balanced protection causes consumers to be in a weaker position even if the product produced by the manufacturer is a limited type of product, it will certainly harm the consumer. Haram food has been detailed in the Quran, while halal food is not explained, which is why in Indonesia it is regulated about halal certification with the aim that the interests of consumers can be protected.

Tinjauan Yuridis Pembayaran Transaksi Pihak Ketiga dengan Jaminan dari Perspektih Hukum Islam Kajian Atas Efektivitas Pelaksanaan Undang-Undang Perbankan Syariah pada Praktik Pembiayaan dengan Jaminan) Ahmad Basraf; Efridani Lubis; Ade Salamah
Jurnal Hukum Jurisdictie Vol 3 No 1 (2021): Aspek Syariah dalam Perkembangan Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Every financing always carries a risk. Therefore, the Bank asks for a Guarantee because it affects customer compliance to make payments of its obligations in accordance with the contract. In the principles of Islamic law, it is permissible to provide collateral/security held by the debtor, but not a necessity / obligation. Collateral must not be a determinant in providing financing or not made to ensure the return of capital, on the contrary, but to ensure that the recipient of the financing will carry out the conditions stipulated in the contract, including the return of the funds received.

Tanggung Jawab Pemilik Konten yang Mengunggah Ulang Video di Jejaring Media Sosial Menggunakan Prinsip Penggunaan Wajar menurut Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta muhammad Ifqie Dzikrullah; Efridani Lubis; Fauziah Fauziah
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

This thesis discusses the responsibility of content owners who re-upload videos on social media networks. This thesis is motivated by the large number of re-uploaders making content creators nervous because a content creator has made a video with great effort. Many YouTubers have appealed to "against" re-uploaders by not watching their videos, but even with the appeal there are still many actors who re-upload them in cyberspace. The formulation of the problem in this thesis is about How Law No.28 of 2014 concerning Copyright regulates re-uploading of video content networked by social media and How is the responsibility of content creators who re-uploaders to the original owner of content networked by social media. This type of research is library research which then collects and studies data that comes from books, literature, scientific journals, legal documents related to the object of research. The results of this study explain that the perpetrator's responsibility to deactivate the account is as done by the perpetrator of a fatal re-upload as was done by the Malik Tube Youtube channel which uploaded all the contents of the Dalang Pelo channel. Because there were many negative comments and received a warning from Youtube, the content was finally deactivated permanently. The conclusion of this thesis is that regarding the responsibility of content creators who are proven to re-upload at this time only apologies to their personal social media, and delete the content from their accounts and even deactivate the account forever.

Pengaturan Kaidah Manajemen Risiko Atas Penawaran Saham Berbasis Teknologi Informasi (Equity Crowfunding) untuk Pengembangan UMKM di Indonesia Bahtiar Bahtiar; Efridani Lubis; Hapendi Harahap
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Indonesian Government has already put a substantial attention on the development of MSMEs (micro, small, medium enterprises) since the new order regime with regard to the huge number of businessmen and labors involved. Financial technology industry in Indonesia including ECF grows rapidly in recent years but still not supported by a specific constitutional legal standing yet. As part of financial technology products, ECF has been regulated by Indonesian Financial Services Authority in regulation No.57/POJK.04/2020. ECF becomes one of the potential funding sources option for the development of MSMEs and also one alternative for investment purposes in which the issuer offers the sales of equity directly to the investors by using the open network electronic systems. This normative juridical study is aimed to identify the regulation related to risk management, to identify risks in Indonesian ECF’s platform business and risk management regulation setting direction in the future. The aforementioned regulation did not provide risk management guidance for ECF platform. By adopting to the ECF’s platform systematic and comprehensive taxonomy of legally mitigated risks model proposed by Podar Manan et al., the researcher finds at least 12 major risk classification with 42 risk events in Indonesian ECF industry that have to be mentioned and mitigated by the ECF platform. Investors in ECF platforms are exposed to at least 10 risk classification that also have to be considered. Especially for legal risk issues, the researcher identifies at least 11 risk events along with its mitigation initiatives which can be used as reference for the ECF platform.

Konsep Hukum Biodiversitas dalam Dunia Digital (Fondasi Teoritik Pengembangan Hukum Lingkungan Indonesia Berbasis Biodiversitas) Efridani Lubis
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Biodiversity protection in Indonesia becomes an urge considering that the number of it is numerous since Indonesia categorized as one mega-biodiversity countries in the world. Biodiversity protection in Indonesia is still based on international system which is political approach. While biodiversity conservation needs all aspects to support the conservation. One of the proposal in the term of the conservation is introducing Biodiversity Law as part of education system for legal profession. Developing existing Environment Law lead to the possibility of Biodiversity Law since the two subject has similar system. The difference is Biodiversity Law focus on protection and utilization of biodiversity in general term including genetic resources as a clear and structured protection instrument so that explore and exploit the biodiversity could be done with full responsibility for assurance to next generation beneficial. However, this will take several steps, and the first step is inserting the subject to Environment Law as material course for law students in Indonesia.

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