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Journal Equity of Law and Governance
Published by Universitas Warmadewa
ISSN : 27759512     EISSN : 27765121     DOI : https://doi.org/10.22225/elg.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly welcome.
Arjuna Subject : Umum - Umum
Articles 163 Documents
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RESPONSIBILITIES OF MOBILE PHONE COUNTER BUSINESSES IN MEDAN TEMBUNG DISTRICT REGARDING EXCHANGING MOBILE PHONE SPARE PARTS PERSPECTIVE OF FATWA NUMBER 112/DSN-MUI/IX/2017 Ratna Aprilia; Fatimah Zahara
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9767.203-210

Abstract

This research aims to find out why business actors exchange cellphone spareparts. How responsibility of business actors in the practice of exchanging mobile phone spare parts without the customer's knowledge, review Fatwa number 112/DSN-MUI/IX2017. This research uses empirical juridical methods or also commonly called sociological juridical. The responsibility of mobile phone counter business actors regarding the exchange of mobile phone spare parts from the perspective of fatwa number 112/DSN-MUI/2017 is compensation for repairing cellphone spareparts which should not have been exchanged but were exchanged by the cellphone counter because the manufacturer tried to break the agreement at the beginning of the transaction.
Legal Analysis of Marketing Using Photos of Other People's Products Perspective of Fatwa Number 1 Of 2005 Concerning Protection of Intellectual Property Rights (Shopee Case Study) Dinda Febrianti Santoso; Tetty Marlina Tarigan
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.9898.238-243

Abstract

This study aims to analyze the legality of marketing using photos of products owned by others from the perspective of MUI Fatwa No. 1 of 2005 on Intellectual Property Rights Protection. The focus is on marketing activities conducted on the Shopee e-commerce platform. The research involves observing several seller accounts on Shopee that use photos of other sellers' products without permission. This practice raises questions about its validity according to Islamic law as regulated by the fatwa related to intellectual property rights. To achieve this objective, the author employed a conceptual approach and field case studies. The results indicate that marketing using other people's product photos without permission violates the principles of intellectual property rights protection as stipulated in MUI Fatwa No. 1 of 2005. Although such practices may be considered valid in terms of the transaction, they fall into the category of fasid (defective) sales, and the perpetrators are deemed sinful.
Analysis of the Concept of Compensation for Damage to ESAF Motorcycle Frames from Wahbah Zuhaily's Perspective (Case Study at the Medan City Honda Showroom) Rizki Bagus Handoko; Ardiansyah
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.9900.279-283

Abstract

This research aims to analyze the concept of compensation for damage to the ESAF frame on motorbikes from Wahbah Zuhaily's perspective. The focus of this research is on a case study related to the issue of ESAF frame damage on Honda motorbikes in Medan City. The research method used is a qualitative approach with data collection techniques through interviews, observation, and literature study. The research results show that the concept of compensation in Wahbah Zuhaily's view regarding damage to the ESAF frame of a motorbike can be explained through the principles of Islamic law. Consumers, as motorbike owners, have the right to obtain compensation if the damage is caused by manufacturing defects or non-compliance with safety standards. The concept of khiyar (option or choice) in Islamic law gives consumers the freedom to choose between repairing damage, replacing the motorbike unit, or getting equivalent compensation. A case study at the Medan City Honda showroom shows that Honda motorbike owners who experienced damage to the ESAF frame have submitted compensation claims in accordance with the mechanism regulated by the company. However, there are challenges in handling compensation claims that need to be considered by the relevant parties. In conclusion, the analysis of the concept of compensation for damage to motorbike ESAF frames from Wahbah Zuhaily's perspective provides an in-depth understanding of the rights and responsibilities of consumers as well as the obligations of business actors in the context of product damage. This research is expected to provide conceptual and practical contributions to the understanding of Islamic law in the context of consumer protection related to damage to automotive products.
Accountability of the Sharia Supervisory Board (DPS) in Managing Sharia Accommodation Based on DSN-MUI Fatwa No. 108 of 2016 on Sharia Tourism (Case Study: Sharia Hotels in Medan City) Dhio Bagus Setya; Fatimah Zahara
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.9902.360-365

Abstract

This study aims to analyze the accountability/responsibility of the Sharia Supervisory Board (DPS) in overseeing the operations of Sharia accommodations, with a specific focus on Sharia hotels in Medan City. The primary question addressed in this research is how the DPS fulfills its responsibility in ensuring the compliance of Sharia hotel operations with the principles outlined in DSN-MUI Fatwa No. 108 of 2016 on Sharia Tourism. This study employs a qualitative approach using a case study method. Data were collected through interviews, direct observations, and analysis of relevant documents. Interviews were conducted with DPS members, Sharia hotel management, and other related stakeholders to gain a deep understanding of DPS oversight implementation. The findings reveal that DPS plays a crucial role in monitoring the implementation of Sharia principles in Sharia hotels. However, challenges such as limited resources and uneven understanding among DPS members hinder effective oversight. The study highlights the need for capacity building and better coordination between DPS, hotel management, and other stakeholders to enhance accountability and ensure compliance with DSN-MUI fatwas. Effective DPS oversight can improve service quality, public trust, and the sustainability of Sharia hotel operations.
Legal Consequences of Product Quality Tadlis in E-Commerce Shopee Perspective of DSN MUI Fatwa Number 146 of 2021 on Online Shop Based on Sharia Principles Syafika Handayani; Fatimah Zahara
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10009.294-299

Abstract

This study aims to examine the legal consequences of tadlis in the quality of e-commerce products, especially on the Shopee platform, from the perspective of the National Sharia Council of the Indonesian Ulama Council (DSN MUI) Fatwa Number 146 of 2021. Tadlis, as a form of fraud in buying and selling transactions, is prohibited in Islam because it contradicts the values of honesty and justice. A qualitative method with a normative juridical approach is used in this research to analyze the DSN MUI fatwa and the legal articles related to product quality in e-commerce. The results of the study show the importance of honesty and justice in online transactions, the obligation of sellers to guarantee product quality, and the legal implications of violations of these principles.
Crime of Fraud (Pig Butchering Scam) Through Social Media in the Perspective of Islamic Criminal Law Muhammad Syafriza Aqib; Sukiati
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10013.231-237

Abstract

Along with the development of internet technology at this time which has a lot of positive impacts on its users, of course it also has a negative impact on the development of the internet. One of them is online fraud through social media that uses the pig butchering scam mode. Pig butchering scam is a fraud mode that has been rampant in Indonesia in recent years. This mode relies on social media to run the scam. The perpetrator will use a fake account and identity then offer fraudulent investments or freelance work with the lure of large profits that will be obtained at the beginning. This study aims to first understand the mode of criminal act of pig butchering scam applied in fraud through social media. Second, to find out the characteristics of the pig butchering scam crime. Third, to find out the legal action against the crime of pig butchering scam in the perspective of criminal law and Islamic criminal law. This study uses a normative juridical research method, as well as applying a case approach. Using the library research method, data collected based on documents that discuss the topic of pig butcheing scam from various literature. This study obtained the results that criminal acts with the pig butchering scam mode through social media are included in the category of criminal acts of fraud as regulated in Article 378 of the Criminal Code. So it can be concluded from the results of this study, namely the crime of pig butchering scam through social media, including criminal acts that can harm the victim materially or immaterially. Thus, it is hoped that there must be actions that prevent this act from occurring, with benefits such as increasing public knowledge about investment and increasing supervision of forms of investment in social media.
Legal Protection of Personal Data in Online Loan Transactions according to the Consumer Protection Law Ahmad Yunianto; Yuniar Rahmatiar; Muhamad Abas
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10014.284-293

Abstract

Online loans that make it easy to get funding turn out to have a negative effect. In some cases, it can be found that there are debtors who choose to end their lives because they are not mentally strong in facing the threat accompanied by the spread of personal data. Lack of caution in filling out the terms and conditions submitted makes the chances of personal data leakage even greater. For this reason, legal protection is needed for debtors in terms of personal data. The purpose of the research is to find out the implementation of personal data rules in online loan transactions linked to the UUPK, to know the legal protection of debtors against personal data that is leaked without the knowledge of the debtor and what legal remedies can be taken by debtors in the misuse of personal data. The method uses a normative juridical approach, with secondary data in the form of data obtained based on literature studies and supporting data. There are still collection actions carried out by one of the online loan application services by distributing the debtor's personal data to several contacts of fellow debtors either through SMS or email short messages. This is contrary to the UUPK and also POJK 22/2023 Article 62 paragraph (2) letter c which explains that collection officers are not allowed to collect from parties other than Consumers.
SANCTIONS FOR PAWN PERPETRATORS OF EMBEZZLEMENT FROM THE PERSPECTIVE OF ISLAMIC CRIMINAL LAW Nabil Al-Farid; Ramadani
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10021.252-259

Abstract

Recently, there have often been criminal acts of possession or crimes against property which have attracted the attention of many people in Indonesia, especially the crime of criminal possession of motor vehicles. As defined in the Dutch language, healing is an act in the form of buying, receiving a pawn, pledging, receiving as a gift, hiding, storing, carrying, transporting, offering goods that are or are suspected of originating from a crime. The type of research in this study uses normative legal research, with a qualitative approach and the data sources used are primary data sources and secondary data sources with data collection techniques in the form of library studies. From the research conducted by the author, it can be concluded that it can be concluded based on the verses of the Qur'an and the hadith of the Prophet Muhammad above, that Islam allows pawning (rahn) provided that it is not used in a crime. In this case, the case previously described has been included in the category of crimes prohibited by Islam. So there is binding Islamic law along with sanctions that can be given to suspects. The crime of theft and detention is behavior that violates Islamic law which can be categorized as jarimah ta'zir. The aim of implementing the law for suspects is to obtain happiness in this world and the hereafter. Based on the opinion of Fiqh experts, it is stated that the punishment for people who commit crimes whose punishment is not regulated in the Al-Qur'an and Sunnah is ta'zir punishment. There are three forms of ta'zir punishment, namely: (1) punishment relating to the body, (2) punishment relating to a person's freedom, (3) punishment relating to property.
Imposition of Criminal Sanctions on Suspects Who Commit Criminal Acts in Detention Centers (Review of Criminal Law and Islamic Criminal Law) Ucha Saleha Nasution; Mar`ie Mahfudz Harahap2
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.2.10028.220-230

Abstract

This study discusses the sanctions given to a person who commits more than one criminal act at different times before the judge's decision (during the detention period). This study aims to find out the regulation of criminal merger in positive criminal law, to find out the merger of crimes in decision number 2739/Pid.B/2020/PN Lbp and in the verdict number 2360/Pid.B/2021/PN Lbp and know the incorporation of crime in Islamic criminal law. This type of research is normative juridical, with a comparative approach method. The data source uses secondary data in the form of books. Data collection through journals and other legal sources. The data analysis technique used is descriptive-qualitative analysis. Crime is increasing, and this study shows that a person who is still in the legal process can still commit a criminal act, in this case it is called a combination of criminal acts. Based on the results of research and discussion, it is known that criminal mergers are divided into three types, namely: Concursus Idealis, Vorgezette Handeling, dan Concursus Realis. The penal system in the Criminal Code is divided into three, namely absorbs, accumulation, weighted absorbs and limited accumulation. In Islamic criminal law, merger is known as ta’addudul uqbad (Multiple punishments) dan al-ijtimaul ‘uqubah (The accumulation of several punishments). Getting to know three theories, namely the theory of Mutual Penetration/Entry (At-Tadkhul), Absorption Theory (al Jabbu), and mixed theory.
Legal Protection for Consumers Who Use Thematic Cosmetics in Indonesia Natanael Pakpahan; Kartina Pakpahan; Ayu Priska Nibenia Zega; Ester Affia Sifra Manalu; Ridho Gokasi Paulus Tampubolon
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10043.1-12

Abstract

Thematic Cosmetics are traditional cosmetics made from natural ingredients and are identical to a region and are in demand by the community. Due to this development, some communities try to make and sell thematic cosmetics without paying attention to BPOM permits. Therefore, this study aims to determine the legal protection for consumers who use thematic cosmetics, to find out the systematic registration of thematic cosmetics to obtain BPOM permits, and to find out the supervision of thematic cosmetics that applies in Indonesia. This study uses the Normative Juridical method, this literature study is a series of activities related to the stages of collecting literature data, understanding then recording, and processing research materials. Each province in Indonesia has a Food and Drug Supervisory Agency which is tasked with supervision, law enforcement, and guidance, BPOM supervises the quality of cosmetics starting from the registration and assessment stages, with the latest regulation, namely BPOM Regulation No. 21 of 2022 concerning Procedures for Submitting Cosmetic Notifications replacing Regulation No. 12 of 2020 which is considered no longer appropriate. The Food and Drug Supervisory Agency has the authority to supervise the circulation of each productan d destruction of products that do not meet the requirements. Create standards and requirements related to product quality, safety, and benefits as well as inspection of production and distribution facilities and technical guidelines for laboratory assessment and testing.

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