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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) El-Mashlahah
Meisy Fajarani
UIN Maulana Malik Ibrahim Malang
Law, Crime, Criminology & Criminal Justice

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The Problems of International Civil Law of Indonesia in Protecting Transnational E-Commerce Consumers Musleh Herry; Meisy Fajarani
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 3: December 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i3.1042

Abstract

Technological advances on a transnational scale have had a considerable impact on all levels of Indonesian society. One of the technological advances is the existence of gadgets. Not only positive effects, but they also bring negative impacts. Furthermore, the existence of gadgets continues to grow with more transactions being carried out. Unfortunately, this can be a dispute. The purpose of this research is to propose the problems of Indonesian International Civil Law which have not regulated and provided guarantees to protect transnational e-Commerce interests and their solutions. The method used in this research is normative with a statutory and conceptual approach. The results of this study are the existence of Consumer Protection Law (UUPK), Electronic Information and Transactions Law (ITE Law), Money Supply Law (UUUP), and International Civil Law (HPI) of Indonesia have not provided a clear guarantee of protection related to the choice of law in transnational scale e-commerce contracts. Besides, they also have not been able to accommodate the interests of consumers. One of the solutions offered is concretizing the principle of the recipient country. It is a rule that allows end-users to apply the Consumer Protection Law of their country. This principle is excluded from consumer transactions. This also does not apply .e-commerce contracts. This principle is taken from the Rome and Brussels Convention which is incorporated into the Directive, namely the Law for the EEC community (Europe Union). To provide legal guarantees for consumers, thus the interests’s of consumers can be protected.
Electronic Registration of Waqf Land under the PTSL Program from a Maslahah Perspective: A Study at the Indonesian Waqf Agency Office in East Java Musleh Harry; Fakhruddin; Mahbub Ainur Rofiq; Meisy Fajarani
El-Mashlahah Vol 15 No 2 (2025)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.9097

Abstract

Waqf land in East Java amounts to 78,825 plots covering 5,006.23 hectares, yet its registration level remains relatively low. Of this number, only 37,940 plots (2,270.25 ha) have been certified, while 4,885 plots (2,735.98 ha) have not obtained formal legal status. This study aims to analyze the registration system for waqf land under the Complete Systematic Land Registration Program (PTSL) and the implementation of E-Registration, as well as to examine the supervision mechanisms and their legal implications. Using an empirical juridical method with a socio-legal approach, the study explores registration practices and institutional dynamics of waqf management in the field. The primary contribution of this research lies in establishing a conceptual link between digital transformation in land administration—specifically through E-Registration—and Islamic legal institutions governing waqf. The findings show that digitalizing PTSL significantly increases the number of registered waqf lands and enhances efficiency, transparency, accountability, and legal protection for both nazhir and wakif. This demonstrates that digitalization is not merely an administrative innovation but also a tool that strengthens waqf governance as part of contemporary Islamic legal reform. This study fills a gap in the literature, which has largely focused on normative aspects of waqf without examining the integration of technology into its implementation. From a policy perspective, the success of digital PTSL depends on effective E-AIW training, accurate data validation, digital outreach, and continuous monitoring.
Co-Authors Fakhruddin Fakhruddin Mahbub Ainur Rofiq Musleh Harry Musleh Herry