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CONSUMER PROTECTION FROM ILLEGAL COSMETIC PRODUCTS ACCORDING TO ISLAMIC LAW: A STUDY ON THE ACEH FOOD AND DRUG MONITORING AGENCY (BPOM), INDONESIA Kartika Dwi Novasari; Fithria, Nurul
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4604

This article aims to analyse a consumer protection in cosmetic products that are not registered with Food and Drug Administration (Badan Pengawas Obat dan Makanan, BPOM). It uses the normative-juridical research methods with a statutory approach. The results shows that Indonesia has a legal relating to consumer protection, namely Law Number 8 of 1999 concerning Customer Protection. Thus, any fraudulent businesses actors who still frequently violate statutory regulations can be subject to sanctions in the form of administrative or criminal sanctions. Additionally BPOM as a supervisory agency also actively monitors the circulation of this dangerous product and even withdraws the product if it is proven to contain dangerous ingredients. Similarly, in the context of Islamic law, this supervision is strengthened by the principles of justice, responsibility and protection of consumers. Islamic law‘s objective is to ensure that cosmetic products on the market meet the safety standards set by Islamic principles, as well as providing appropriate protection to consumers fro

Praktik Peradilan dan Kesetaraan Gender: Analisis Implementasi PERMA No. 3 Tahun 2017 di Pengadilan Syariah Banda Aceh, Indonesia Fitri, Sulis Mai; Melayu, Hasnul Arifin; Fithria, Nurul
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 2 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i2.10627

Discriminatory treatment and gender stereotypes against women in the justice system are directly related to women's accessibility to justice. The more women experience discrimination and negative stereotypes, the more limited their access to justice becomes. The implementation of Supreme Court Regulation (PERMA) No. 3 of 2017 concerning Guidelines for Adjudicating Cases Involving Women in Conflict with the Law has not been effectively carried out. For instance, some judges in the trial process have not adhered to the guidelines set out in PERMA No. 3 of 2017. In reality, there are still judges who make belittling, blaming, intimidating statements, and use loud voices against women in conflict with the law, which can undermine women's mentality in court. In response to these conditions, the Supreme Court, as the highest judicial institution in Indonesia, has initiated steps to gradually eliminate discriminatory treatment against women in conflict with the law in judicial practices in Indonesia. This study aims to examine the efforts made by judges in implementing PERMA No. 3 of 2017 at the Banda Aceh Sharia Court and to explore the perspectives of Sharia Court judges regarding the implementation of PERMA No. 3 of 2017. The research uses a qualitative method with a field research approach. This study indicates that there are still challenges in implementing PERMA No. 3 of 2017 at the Banda Aceh Sharia Court. However, efforts are being made to reduce discrimination and negative stereotypes against women in conflict with the law. This research contributes to providing insights into the importance of implementing guidelines to reduce discriminatory treatment and offering recommendations to improve the effectiveness of PERMA No. 3 of 2017 in addressing gender discrimination issues in Indonesian courts.

Normative Legal Review on the Implementation of the Main Thoughts of the DPRA in 2023 Syahriga, Razik; Suganda, Delfi; Fithria, Nurul
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15342

Regulation of the Minister of Home Affairs Number 86 of 2017 was ratified in 2017. The researcher is particularly interested in Article 178 of this regulation, which discusses the review of main ideas. The study examines whether the established rules are appropriate and whether their implementation is effective and efficient. The first issue the researcher seeks to investigate is the mechanism for implementing the Pokir (Main Thoughts) of the DPRD Banda Aceh City, as well as the effectiveness of these rules in promoting regional development in the Syiah Kuala District, Banda Aceh City. In writing this article, the author employs the Normative Juridical approach. This methodology in legal research focuses on analyzing applicable laws and regulations about the legal issues being studied, ultimately leading to problem resolution. The findings of this research indicate that the rules formulated by the legislative institution are appropriate, as they provide clear guidelines for implementing policies based on community aspirations. Furthermore, their implementation has been efficient and well-executed, demonstrating harmony between regulation and field application. This synergy between local governments and legislative institutions ensures that the main ideas generated genuinely contribute to planning that is more responsive to community needs. Thus, this regulation plays a significant role in fostering a more participatory and welfare-oriented regional development process.

Penolakan Return Barang oleh Pelaku Usaha E-commerce (Analisis Undang Undang Nomor 8 Tahun 1999) Tentang Perlindungan Konsumen Munawarah, Nizmi; Iqbal, Muhammad; Fithria, Nurul
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.16840552

This study identifies instances of breach of contract (wanprestasi), where goods received by consumers do not match the order or arrive in a damaged condition. Furthermore, the consumer complaint process often becomes difficult and does not receive an adequate response from business actors or the platform itself. Based on initial observations of consumer experiences in Banda Aceh, it was found that return rejections often occur even though consumers have fulfilled the required procedures, such as providing an unboxing video. This reflects a gap between existing regulations and their implementation in practice, which ultimately causes harm to consumers. This study applies a normative juridical method, using an analytical approach to various relevant laws and regulations, including Law Number 8 of 1999 concerning Consumer Protection, Government Regulation Number 80 of 2019 concerning Electronic Commerce, and the Indonesian Civil Code. Primary and secondary data, including interviews with consumers who have experienced return rejections, were collected to gain a comprehensive understanding of the legal position of return rejection by e-commerce business actors and the effectiveness of legal protection for consumers. The purpose of this study is to analyze the legal standing of return rejection by e-commerce businesses and to assess the extent to which Law Number 8 of 1999 can provide effective legal protection for consumers in dealing with such practices. This research is expected to contribute to formulating concrete solutions to the issue of return rejection on the Shopee platform and to optimizing the protection of consumer rights in the digital era based on Law Number 8 of 1999.

Praktik Peradilan dan Kesetaraan Gender: Analisis Implementasi PERMA No. 3 Tahun 2017 di Pengadilan Syariah Banda Aceh, Indonesia Fitri, Sulis Mai; Melayu, Hasnul Arifin; Fithria, Nurul
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 2 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i2.10627

Discriminatory treatment and gender stereotypes against women in the justice system are directly related to women's accessibility to justice. The more women experience discrimination and negative stereotypes, the more limited their access to justice becomes. The implementation of Supreme Court Regulation (PERMA) No. 3 of 2017 concerning Guidelines for Adjudicating Cases Involving Women in Conflict with the Law has not been effectively carried out. For instance, some judges in the trial process have not adhered to the guidelines set out in PERMA No. 3 of 2017. In reality, there are still judges who make belittling, blaming, intimidating statements, and use loud voices against women in conflict with the law, which can undermine women's mentality in court. In response to these conditions, the Supreme Court, as the highest judicial institution in Indonesia, has initiated steps to gradually eliminate discriminatory treatment against women in conflict with the law in judicial practices in Indonesia. This study aims to examine the efforts made by judges in implementing PERMA No. 3 of 2017 at the Banda Aceh Sharia Court and to explore the perspectives of Sharia Court judges regarding the implementation of PERMA No. 3 of 2017. The research uses a qualitative method with a field research approach. This study indicates that there are still challenges in implementing PERMA No. 3 of 2017 at the Banda Aceh Sharia Court. However, efforts are being made to reduce discrimination and negative stereotypes against women in conflict with the law. This research contributes to providing insights into the importance of implementing guidelines to reduce discriminatory treatment and offering recommendations to improve the effectiveness of PERMA No. 3 of 2017 in addressing gender discrimination issues in Indonesian courts.

Pertanggungjawaban Hukum Afiliator Shopee terhadap Iklan Produk Yang Merugikan Konsumen Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Ilmi, Rauzatul; J, Jamhir; Fithria, Nurul
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18126243

This study analyzes the legal liability of Shopee affiliates in product promotions that have the potential to violate consumer protection based on Law Number 8 of 1999 concerning Consumer Protection (UUPK). The method used is empirical juridical with a statutory and empirical approach, through interviews with affiliates and consumers who use the Shopee Affiliate program in Banda Aceh City. The results of the study indicate that affiliates who gain profits from promotional activities can be qualified as business actors as referred to in Article 1 number (3) of the UUPK, so they are required to provide correct, clear, and honest information as regulated in Article 7 letter b of the UUPK. The actions of affiliates who carry out misleading promotions, make false testimonials, or market products without a distribution permit violate Article 8 and Article 9 of the UUPK and can be categorized as unlawful acts based on Article 1365 of the Civil Code. Consumer protection implemented by Shopee through a refund mechanism is considered quite effective at the dispute resolution stage, but is not optimal in preventing violations due to weak supervision of affiliates. Thus, there is a gap between legal norms (das sollen) and field practice (das sein), so that it is necessary to strengthen regulations and preventative supervision of the digital affiliate system.

Reconstructing the Minangkabau Customary Prohibition of Intra-Clan Marriage: An Analysis Through Fazlur Rahman’s Double Movement Theory Syafitri, Anesia; Amri, Ulil; Fithria, Nurul
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3829

This article examines the reconstruction of the Minangkabau customary prohibition of intra-clan marriage (perkawinan sesuku) through Fazlur Rahman’s double movement theory. Historically, the ban served to safeguard the integrity of the matrilineal line, reduce conflict among clans, and preserve social stability within a tightly knit communal order. In contemporary Minangkabau society, however, accelerated migration, urbanization, and higher levels of education have created new marriage patterns and shifted value orientations, so the absolute character of this norm is increasingly questioned, particularly because it lacks explicit textual support in Islamic law. Using qualitative, library-based research, the study first identifies the Qur’anic moral principles governing marriage, kinship limits, and the protection of family honor, then rereads the Minangkabau prohibition as a form of local custom (‘urf) in light of these principles. The analysis shows that the rule can be reformulated from a rigid sacral prohibition into a flexible ethical guideline that still protects lineage (hifz al nasl) and social dignity (hifz al ird), while giving greater recognition to individual rights and contemporary social realities. The article proposes a model of normative reconstruction that places family consultation, genealogical mapping, and communal consensus at the center of decision making, so that the relationship between Islamic law and Minangkabau custom develops toward a more dialogical and context-sensitive harmony.

Pemenuhan Hak Konstitusi Atas Pendidikan Dalam Perspektif Siyasah Dusturiyyah: Studi Kasus Pasal 31 Ayat 1 UUD 1945 Elzian Syahputra, Muhammad Akbar; Suganda, Delfi; Fithria, Nurul
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 17 No. 2 (2026): April
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v17i2.4538

This study examines the constitutional guarantee of the right to education under Article 31 of the 1945 Constitution of Indonesia through the integrative lens of Islamic constitutional theory (siyasah dusturiyyah). Using a normative-descriptive method, this research analyzes primary legal sources, classical Islamic texts, and empirical data to investigate the implementation gaps in educational rights. The findings reveal significant disparities between constitutional mandates and empirical realities, with 8.5% of school-age children lacking access to formal education and extreme regional inequalities in educational participation. From the siyasah dusturiyyah perspective, the state bears dual responsibility: legal under the constitution and moral-spiritual under Islamic principles of leadership (imamah) and the protection of intellect (hifzh al-'aql). The study develops three integrative models complementary, convergent, and transformative to address structural educational inequalities. These findings emphasize that integrating constitutional and Islamic legal approaches provides a holistic framework for developing more equitable and inclusive education policies in Indonesia's multicultural context. The research recommends budgetary reorientation towards underdeveloped regions, affirmative action based on integrative justice principles, and enhanced monitoring systems combining public accountability and Islamic oversight principles (hisbah).

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