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PERLINDUNGAN HUKUM TERHADAP HAK KONSUMEN DALAM INDUSTRI PERUMAHAN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Supriatiningsih, Eka
DERECHTSSTAAT Vol 2, No 2 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i2.665

Abstract

Housing is a basic human need. But for the majority of the Indonesian people, the word "home" became the term that is very expensive, but the house is a building basic, fundamental and also a prerequisite for everyone to survive and live and enjoy life dignified, peaceful, safe and comfortable. Many problems regarding housing draw made this issue to be studied. Identification of research problems are 1) How is the role and perspectives of Law No. 8, 1999 (BFL) for violation of consumer rights in the housing industry?; 2) The extent to which the responsibility of the developer or developer to default or negligence in carrying out obligations, and how the reality faced by consumers?; 3) what legal action can be taken if a dispute arises consumers with businesses?. This study is a descriptive analysis is intended to provide a detailed overview of the rights of consumers in the housing industry, to see the problems that exist in the present and perspective of research that its analysis leads to the future in order to find the right policy to consumer protection housing. From these results it can be concluded that: 1) the implementation of Law No. 8 of 1999 on Consumer Protection (BFL), especially regarding the implementation of consumer rights cannot be realized as a whole, particularly with regard to the behavior for the rights, such as rights advocacy, the right to obtain redress. 2) On the issue of consumer protection, based on the findings directly in the field indicates that Act No. 8, 1999 do not yet play as expected at the time of enactment. 3) Control the government to businesses in the housing industry or developers so far only limited to licensing only, while the interactions or direct relationship between developers and consumers, the government does not intervene. On the advice of the above conclusions are: 1) There needs to be a social movement about empowering consumers so considered important encouragement for socialization activities; 2) Establishment of an independent body specialized dispute resolution field of housing or property in Indonesia is quite urgent, given the weak position of the consumer; 3) For a more integrative and comprehensive reach the target of legal protection to consumers, Act No. 8 of 1999 on Consumer Protection in the implementation must be accompanied by implementing regulations.
The Principal of Risk and Profit Sharing in Islamic Banking Supriatiningsih, Eka
Ijtim?'iyya: Journal of Muslim Society Research Vol 3 No 2 (2018)
Publisher : Postgraduate Program, State Institute on Islamic Studies Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.232 KB) | DOI: 10.24090/ijtimaiyya.v3i2.1850

Abstract

The role of banking that is very strategic in achieving Indonesia's economic development goals recently, requires a careful study of banking concepts that have been operationalized, both conceptually and their applications, so as to create a strong banking system in the era of globalization in the future. The existence of Islamic banks in Indonesia has not been fully accepted, there are still some people who equate with conventional banks. Based on the background of the problem above, which is the identification of the problem in this paper, namely: 1) What is the application of the principle of sharing the results and risks in fundraising activities in Islamic banking? 2) What are the operational constraints faced in implementing profit sharing and risk principles in Islamic Banking?. Based on the discussion above, conclusions can be drawn, as follows: 1) The implementation of fundraising using the profit sharing principle in Islamic Banking is carried out using the principles of Wadiah and Mudharabah. The Wadiah principle uses the Wadiah Current Account using products such as: Singapore BSM Dollar Current Account, BSM Current Account, BSM Currency Current Account, BSM Ouro Current Account, Bank Muamalat Wadiah Deposit Account in Rupiah and Foreign Currency, personal and corporate, and Wadiah Savings Account using products like: Junior Community Savings which is a special savings for students, Simpatik Savings, BSM Dollar Savings. While the mudharabah principle uses the Tabungan Mudharabah contract using products such as: Mudharabah Savings Accounts are Hajj Savings, Investa Scholar Savings, Qurban Savings and Savings Cards and time deposits for mudharabah use products such as: Bank Syariah Mandiri Savings, BSM Foreign Currency Deposits and Mudharabah deposits. In calculating profit sharing only in Mudharabah principles, the wadiah principle is only a bonus given to the bank's willingness. The pattern of calculation for results is to use the principle of profit sharing, which means that the results are calculated from the total income of the fund management and the amount of profit sharing depends on the initial agreement, 2) There are a number of operational constraints faced by Sharia Banking in financing Financing Results such as limited human resources, Islamic Banking management, limited Office Networks, and still weak government regulations on Islamic Banking.