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All Journal Gunung Djati Conference Series Khazanah Hukum
Evi Sopiah
UIN Sunan Gunung Djati Bandung
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ALIGNING THE 1945 CONSTITUTION AND ISLAMIC PRINCIPLES FOR SOCIAL WELFARE IN INDONESIA Muhammad Al Mighwar; Evi Sopiah
Gunung Djati Conference Series Vol. 42 (2024): Seminar Nasional Ekonomi dan Bisnis Islam
Publisher : UIN Sunan Gunung Djati Bandung

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Abstract

Indonesia, a Muslim-majority country, strives to optimize its social welfare programs. While the 1945 Constitution guarantees social rights and Islamic principles provide guidance, there is a gap in exploring how these can be better aligned. This research aims to explore how social rights in the 1945 Constitution (Chapter XIV) can be aligned with the Dharuriyat al-Khams (five essential human needs) by Shatibi to strengthen social welfare programs. The research employed a qualitative approach using a literature study and thematic analysis method by Miles and Huberman, encompassing data collection, data reduction, data display, and conclusion/ verification of primary and secondary data. The research findings demonstrate that the 1945 Constitution, particularly Chapter XIV, guarantees social welfare rights and obligates the government to fulfill them, the Dharuriyat al-Khams, introduced by Imam Shatibi, is part of the maqashid shariah (objectives of Islamic law) that aims to achieve social welfare by fulfilling five basic human needs, substantively, these two concepts synergize and can be effectively integrated to strengthen social welfare programs in Indonesia. This research enriches the discourse on Islamic economics in strengthening programs and addressing social welfare issues, particularly concerning essential human rights in Muslim-majority countries.
Changes in Halal Product Guarantee Regulations Perspective of Legal Politics and Consumer Rights Protection Evi Sopiah; Abdulah Safe'i; Elly Marlina; Heris Suhendar
Khazanah Hukum Vol. 6 No. 2 (2024): Khazanah Hukum Vol 6, No 2 August (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i2.35969

Abstract

A halal product guarantee is a legal certainty regarding the halal status of a product produced by a business entity, which is evidenced by the issuance of a halal certificate by the government. The focus of the research examines the changes in halal product guarantee regulations within the Omnibus Law using a legal politics and consumer legal protection approach. This research is normative legal research whose object of study is the history of changes to halal product guarantee regulations in the Job Creation Act and its implications for consumer legal protection. Legal and non-legal materials were obtained from document studies and literature studies in the form of academic texts, draft laws, problem inventory lists, laws and regulations related to halal product guarantees and consumer protection, journals, and other documents relevant to the research issue. Changes in halal product guarantee regulations are a strategic step to strengthen the national halal industry and increase the competitiveness of Indonesian halal products in the global market. Changes in regulations prioritizing business actors' statements as the basis for halal certification can overcome the low awareness of business actors regarding halal certification obligations. In addition, changes to halal product guarantee regulations provide legal protection for consumers through guarantees of legal certainty, both preventively and repressively through self-declaration policies by implementing special limitations, conditions, and criteria for halal certification obligations for micro and small businesses, as well as administrative sanctions. and criminal penalties for business actors who commit acts or violations that can harm consumers.
Co-Authors Abdulah Safe'i Elly Marlina, Elly Heris Suhendar, Heris Muhammad Al Mighwar