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<![CDATA[Law and Consumer Protection ]]>
<![CDATA[Muhammad Anas Arifin]]>;
<![CDATA[Kelik Wardiono]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i1.3532
<![CDATA[This research aims to describe forms of unfair business competition practices that result in scarcity of 3kg LPG Gas and consumer protection, is based on legal research with a non-doctrinal approach. The data in this study are primary data collected through interviews with purposively selected informants, as well as supported secondary data collected by literature study. Based on the results of research and discussion conducted on business actors, it was found that there were business actors engaging in unfair business competition by practicing closed agreements; as well as business actors who carry out monopolistic practices, resulting in scarcity of 3 Kg LPG Gas and harming consumers.]]>
<![CDATA[Customers Mal Wa Tamwil in The Event of Dissolution of The Body Law ]]>
<![CDATA[Annisa Sayyid]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i1.3746
<![CDATA[This study aims to identify and analyze the application of legal protection for depositors when a legal entity is disbanded with obstacles that hinder the fulfillment of the rights and obligations of the parties. The analysis utilizes a statutory and conceptual approach. The legal basis for protection for BMT customers is Law no. 1 of 2013 concerning Microfinance Institutions (LKM), specifically articles 24 and 25, which regulates the prevention of disputes or revocation of permits. Article 26 states that the Financial Services Authority (OJK) provides depository complaint services if it causes them to suffer losses. However, if the BMT is a cooperative legal entity, then it uses the basis of Law No. 25 of 1992, specifically article 54 concerning settlement. This difference in rules is one of the factors in the slow resolution of the problems of liquidated BMT customers. The government should provide clear rules regarding the institutional status of BMTs, so that the settlement of the legal protection of its customers becomes clear However, if the BMT is a cooperative legal entity, then it uses the basis of Law No. 25 of 1992, specifically article 54 concerning settlement. This difference in rules is one of the factors in the slow resolution of the problems of liquidated BMT customers. The government should provide clear rules regarding the institutional status of BMTs, so that the settlement of the legal protection of its customers becomes clear However, if the BMT is a cooperative legal entity, then it uses the basis of Law No. 25 of 1992, specifically article 54 concerning settlement. This difference in rules is one of the factors in the slow resolution of the problems of liquidated BMT customers. The government should provide clear rules regarding the institutional status of BMTs, so that the settlement of the legal protection of its customers becomes clear.]]>
<![CDATA[Concept of Wali Adlol Decision in Islamic and Positive Law Perspective ]]>
<![CDATA[Mochamad Wahid Hasym]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i1.3747
<![CDATA[Wedding is a vow between a man and a woman to reach the family goals. This definition strengthens that the wedding is like a vow that means there is freewill of each party to take the promise or having the similar principle of like or free contract in civil law. There are many problems aroused in the society, especially for the women who are ready to get married but sometimes complicated with the reluctant of her guardian to realize it. Finally, they take the simple way to realize their ambition and love by doing something avoided by the decency, obscenity, even religion norms. Therefore, the concept of adlol guardian decision in Islamic and positive law will be discussed in this research. This research used library research method whose a primary law source collection method is KHI and Islamic law source, either Al-Qoran or Al-Hadith, ijma’ and qiyas, while its secondary law sourceyis fiqh books or literature related to the problem. The result of research about the determination of adlol guardian in Islamic or positive law is as the following: there is khilafiah of the difference of opinion among some priests. Syafi’iyah and Malikiyah priests tells that if the guardian is reluctant or adlol, so the guardian’s duty will be directly taken by judge (Wali Hakim), while according to Hanafi and Hambali, it is forbidden to give the right of guardian to judge, but the right must be given to the following guardian by sequence till the end of the dzawil arham. While in Positive Law (KHI) in clause 23 verse 2 which tells if the guardian is reluctant or adlol, so the judge can be a guardian after court ruling. The positive law (KHI) should take all mahzab and change the guardian’s petition classified into volunteer at first to be contentious problem.]]>
<![CDATA[The Establishment of The Notary Office Law Article 37 Reviewed From The Political Perspective of National Law ]]>
<![CDATA[Rahayu Putri Wulansari]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i1.3968
<![CDATA[The political notion of notarial law is urgently needed in the its affairs aspect, especially after the amendment of the UUJN, bearing in mind that there are regulations that came after the amendment of the law. Changes to the UUJN itself are legal politics in the notary because there are several articles in the UUJN which are still concise, even though generally and clearly stated “explanatory attachments” such as Article 37 of UUJN National legal politics as a basic guideline for all forms and processes of formulation, formation, and development of law in the country. If the national legal politics is the basic guideline for all forms and processes of formulating, forming, and developing laws in the country, it can be ensured that national legal politics must be formulated in a statutory regulation that is also fundamental, not in a technical statutory regulation.]]>
<![CDATA[Implementation of Legal Protection of Photographic Works Based on Article 40 Paragraph (1) Letter K of Act Number 28 of 2014 Concerning Copyrights ]]>
<![CDATA[Dewi Narakarti]]>;
<![CDATA[Mahfud Fahrazi]]>;
<![CDATA[Dwi Sisbiantoro]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i1.3982
<![CDATA[Legal protection for photographic works has been regulated in Act Number 28 of 2014 concerning Copyright. The more people who are connoisseurs and practitioners of photography, as well as the methods and patterns of publication in the field of photography, the more interesting it is to analyze how the law is applied in society. This study aims to analyze the application of legal protection to photographic works based on Article 40 paragraph (1) Letter K of Act Number 28 of 2014 concerning Copyright, as well as what efforts should be made by the government to provide protection for photographic works. This research was conducted by empirical method. The results of this study indicate that the implementation of legal protection for photographic works based on Article 40 paragraph (1) Letter K Act Number 28 of 2014 concerning Copyright is still lacking in its application, due to several factors that become obstacles. Many parties are actually aware of the existence of protection for photographic works, but many also underestimate the violations committed. This happened due to several factors, including firstly a lack of understanding of the protection of Photographic Copyrights. As well as the government should make more efforts to disseminate understanding about the importance of protecting copyrighted works of photography, because regional offices of the Directorate General of Intellectual Property Rights are only in big cities, it is necessary for Regency or City Governments to participate in carrying out preventive and repressive legal protection efforts.]]>
<![CDATA[A Limited Liability Company's Wealth Status in Islamic Law ]]>
<![CDATA[Fatika Sari]]>
<![CDATA[ UNISKA LAW REVIEW Vol 3 No 2 (2022): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v3i2.3029
<![CDATA[This study focuses on the wealth of limited liability companies based on Islamic Law. The problem defined is how the validity of the Limited Liability Company and the position of the wealth by Limited Liability Company are based on Islamic Law. The research method used is normative with a statute approach and conceptual approach. The method used is a literature study which uses a descriptive analysis. The results of the study conclude that the validity of a Limited Liability Company can be equated with syirkah mal 'inan since a cooperation agreement between two or more people in the form of a commodity or an association in all forms of commodities. Separated assets and the capital of a Limited Liability Company can be categorized as mal ashal and the company result are mal tsamarah.]]>
<![CDATA[Juridical Review of Stock Investment with Cryptocurrency Investment Which Interests The Investors and Its Legal Protection ]]>
<![CDATA[Iva Latifah Permana]]>
<![CDATA[ UNISKA LAW REVIEW Vol 3 No 2 (2022): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v3i2.3030
<![CDATA[Investment is currently a phenomenon that attracts the attention of the public. In addition to stocks, the presence of digital currencies or cryptocurrencies makes investors' interest to invest even higher. Stocks and crypto assets are easy to use in the marketplace. Every investment carries the risk of investors losing their money. Neither the company nor the investors know when the price will rise or fall, so investors need legal protection to prevent losses. This research is legal research with the type of library research. The results of the study show that investing in stocks through the stock exchange and investing in cryptocurrencies in futures exchanges are different investment instruments, which can be seen from their form and implementation. Stock exchanges prevent investors from losing their money in investments, there are minimum and maximum limits on the value of falling prices. Meanwhile, crypto asset investments tend to have more high risk because of their speculative and volatile nature and a very open market, so to protect investors from losses, the government must establish regulations that investors need. Stock investment has been regulated in Act Number 8 of 1995 on the Capital Market and further regulated by Government Regulation and Financial Services Authority Regulation. Crypto assets are regulated in the Regulation of the Minister of Trade of the Republic of Indonesia Number 99 of 2018 on General Policies for the Implementation of Crypto Asset Trading, and there are no specific regulations governing the use of cryptocurrencies in Indonesia.]]>
<![CDATA[Juridical Review of Body Shaming Action Through Social Media Based on Positive Law System ]]>
<![CDATA[Al Hayu Muthoharoh]]>;
<![CDATA[Siciliya Mardian Yoel]]>;
<![CDATA[Nur Chasanah]]>
<![CDATA[ UNISKA LAW REVIEW Vol 3 No 2 (2022): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v3i2.3026
<![CDATA[This study examines the juridical review of actions of body shaming through social media based on positive legal system. The purpose of this research was to examine in depth about the act of Body Shaming on social media as well as the legal consequences were reviewed from a Positive Law system in Indonesia. The method used in this research was a normative with statue approach. Legal sources used in this research include primary, secondary, and tertiary legal sources. Based on the results of this study, the regulation on the crime of body shaming on social media was stipulated in Article 27 paragraph (3) in the Law of The Republic of Indonesia Number 11 Of 2008 Concerning Electronic Information and Transactions with reference to the elements of contempt / defamation contained in Article 315 of the Criminal Code.]]>
<![CDATA[Consideration of The Judge of The State Court of Surabaya in The Crime Of Racism ]]>
<![CDATA[Evi Yufita]]>;
<![CDATA[Zainal Arifin]]>;
<![CDATA[Mahfud Fahrazi]]>
<![CDATA[ UNISKA LAW REVIEW Vol 3 No 2 (2022): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v3i2.2848
<![CDATA[This study discusses the judge's considerations and progressive law in court decisions against defendants for racism crimes. Judges in their considerations and decisions have not fulfilled the aspects of justice and expediency. The purpose of this study is to analyze the judgments of the Surabaya District Court judges in imposing a sentence on the perpetrators of the crime of racism in the decision number 3147/Pid.Sus/2019/PNSby and to analyze the decision number 3147/Pid.Sus/2019/PNSby in terms of progressive legal theory. The method used in this research is normative juridical. The results of this study are the judge's consideration of the case decision number 3147/Pid.Sus2019/PNSby disagrees with the judge's considerations regarding the criminal conviction given to Syamsul Arifin as a defendant in a criminal act of racism. Based on the facts, Syamsul Arifin was proven guilty and one of the evidences was the circulation of a video stating that the defendant deliberately used the word "monkey" aimed at Papuan students at the Jl. Kalasan No. 10 cities of Surabaya. The impact of the circulation of the video was a wave of demonstrations or demonstrations that occurred in various cities such as Jayapura, Sorong and Manokwari, resulting in the mass burning of the Manokwari City DPRD building. The riots that occurred had bad consequences because they threatened national security. The judge's decision in this case will be of no benefit to the community, especially the Papuan people, because the sentences given to the defendants are light and short. The application of sanctions can be categorized as less effective and this judge's decision does not meet the progressive legal theory because it has not fully met the values of certainty, justice and expediency. The judge should have considered the consequences of the defendant's actions that created national tension, resulting in many riots in various parts of the Indonesian state.]]>
<![CDATA[Development of Integrated Citizens The Institution Community Based on The Principle of Protection Towards Social Reintegration ]]>
<![CDATA[Zainab, Nina]]>;
<![CDATA[Eleanora, Fransiska Novita]]>
<![CDATA[ UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review ]]>
Publisher : <![CDATA[Faculty of Law, Kadiri Islamic University (UNISKA) Kediri ]]>
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DOI: 10.32503/ulr.v4i2.5126
<![CDATA[An inmate is someone who is deemed guilty and must serve a sentence in prison based on a verdict or decision from a judge with permanent legal force (inkracht) based on evidence and evidence. Development for prisoners cannot be separated from their rights both inside and outside prison, with the aim of independence which is also in the nature of development as it is directed towards development with the mentality and character of being a complete human being, as well as pious, and also responsible for oneself. , also for families, and for society, and talents and skills can be developed so that they play an active and responsible role in society in the future when free, related to social reintegration. Protection, which is the principle in which inmates are treated in correctional institutions in order to ensure that society can be protected from the possibility of repeating criminal acts in the form of crimes or violations, also provides provisions for life for inmates so that they become useful citizens in society. The research method is normative juridical by referring to statutory regulations, as well as existing literature based on literature study. The result is that social reintegration can provide changes in the development of inmates so that their attitudes and behavior become better and they can have abilities in community life.]]>
