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Journal Of Legal Sustainability (JOLS)
Published by EL-EMIR INSTITUTE
ISSN : 30628792     EISSN : 30627184     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Of Legal Sustainability (JOLS) is published by the EL-EMIR Institute in helping academics, researchers, and practitioners to disseminate their research results. JOLS is a blind peer-reviewed journal dedicated to publishing quality research results in the fields of Civil Law, Economic Law, Criminal Law, Constitutional Law, State Administrative Law, International Law, Environmental Law, Islamic Law, Agrarian Law, Law Civil Procedure, Criminal Procedure Law, Administrative Procedure Law and other fields related to Legal Studies. All publications in the JOLS are open access which allows articles to be available online for free without any subscription. JOLS is a national journal with e-ISSN: 3062-7184, and is free of charge in the submission process and review process. Journal of Legal Sustainability publishes articles periodically twice a year, in March, June, September and December. JOLS uses Turnitin plagiarism checks, Mendeley for reference management and supported by Crossref (DOI) for identification of scientific paper.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2024): September 2024" : 5 Documents clear
Analisis Yuridis Penyelesaian Sengketa Konsumen Berdasarkan UU No 8 Tahun 1999 Rohmannudin, Rohmannudin; Hidayatullah, Iqbal; Winario, Mohd; Putri, Ramanitya Dewi
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

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Abstract

This study aims to analyze the effectiveness of Law No. 8 of 1999 concerning Consumer Protection in resolving consumer disputes in Indonesia, and to identify the challenges faced in its implementation. This study uses a normative legal method with a statutory approach and case analysis. Data were obtained through a literature study covering primary, secondary, and tertiary legal materials, as well as an analysis of various consumer dispute cases that have been resolved through the Consumer Dispute Resolution Agency (BPSK) and the courts. The results of the study indicate that Law No. 8 of 1999 provides a clear legal framework for the protection of consumer rights. Dispute resolution through BPSK is more efficient than litigation, but there are still obstacles, such as low legal awareness among consumers and non-compliance of business actors with BPSK decisions. These challenges hinder the optimization of consumer protection. Although Law No. 8 of 1999 has functioned well in providing protection, corrective measures are needed, including increasing socialization, strengthening BPSK, and stricter law enforcement against violations. Thus, it is expected that consumer protection can be more effective and provide better justice.
Arbitrase dan Alternatif Penyelesian Sengketa dalam Penyelesaian Sengketa Ekonomi Syariah Nurhamidah, Eva; Winario, Mohd; Mairiza, Diany; Dinata, Shidiq Ramdan
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i2.33

Abstract

The aim of this article is to resolve conflicts in the field of sharia economics using non-litigation channels. Alternative dispute resolution (APS) is an organization that helps resolve differences of opinion through methods agreed by both parties, such as consultation, negotiation, mediation, conciliation, or expert assessment outside of court. This research uses a library study approach, where books and other library sources are the main material. The choice of this approach is based on the fact that literature studies help researchers in the initial stages of determining and compiling a research framework, as well as deepening theoretical understanding and clarifying the methodology used. Literature studies also function as a way to collect relevant research information. Based on the discussion above, the conclusion is: Alternative Dispute Resolution (ADR) in Islam, such as negotiation, mediation, conciliation and arbitration, has been used since ancient times to resolve conflicts between interested parties. The principles of the Qur'an emphasize the importance of peaceful conflict resolution, both inside and outside the courts. Hadith of the Prophet Muhammad also describe activities comparable to modern ADR, indicating that the ideas of negotiation, mediation, conciliation, and arbitration have long been used in Islamic societies. In practice, Alternative Dispute Resolution (APS) in the early days of Islam showed high flexibility and adaptability, which was in line with the essential ideals taught in Islam, namely justice, peace and social harmony.
Peran Dan Tantangan Lembaga Arbitrase Syariah Dalam Menyelesaikan Sengketa Bisnis Syariah Syahfitra, Nofri Ramadhani; Winario, Mohd; Khairunisa, Madona; Syam, Zulkharil Hadi
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i2.67

Abstract

This research examines the role and challenges faced by sharia arbitration institutions in completing sharia business settlements. As an alternative to out-of-court settlement, sharia arbitration offers a solution that complies with sharia principles and Islamic law. This research uses qualitative methods with a literature study approach and in-depth interviews with practitioners in the field of sharia arbitration. The research results show that sharia arbitration institutions play an important role in providing legal certainty and justice for disputing parties, especially in the context of sharia business. However, there are a number of challenges that hamper the effectiveness of this institution, including a lack of public understanding and trust in sharia arbitration, limited competent human resources, and regulatory constraints that do not fully support the development of this institution. Therefore, further efforts are needed to increase socialization, training and regulatory adjustments to strengthen the role of sharia arbitration institutions in completing the recovery of sharia business in Indonesia. The research results show that the Sharia Arbitration Institution plays an important role in providing dispute resolution mechanisms that are in accordance with sharia principles, maintaining the trust of sharia business actors, and reducing the burden on district courts. However, the challenges faced include a lack of public understanding and awareness about sharia arbitration, limited competent human resources, and a lack of harmonization of regulations that support the operationalization of these institutions.
Implikasi Hukum Ekonomi Syariah terhadap Pengembangan Keuangan Mikro dan Usaha Kecil Menengah Winario, Mohd; Rinaldi, Rinaldi; Zakir, Muhammad; Lubis, Haniah; Bustanur, Bustanur
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i2.68

Abstract

This study aims to analyze the implications of sharia economic law on the development of microfinance and Small and Medium Enterprises (SMEs) in Indonesia. The focus of this study is to identify the application of sharia principles in microfinance, examine the challenges faced by SMEs in accessing sharia financial services, and explore the potential and opportunities of sharia microfinance in supporting SME development. This study uses a qualitative method with a case study approach. Data were collected through in-depth interviews with SMEs, sharia financial practitioners, and sharia financial institutions, and supported by analysis of related literature. The results of the study indicate that the application of sharia economic law in microfinance has a positive impact on SMEs, especially in terms of financial inclusiveness and economic justice. However, there are several challenges that still need to be overcome, such as low sharia financial literacy and limited access to sharia financial institutions, especially in rural areas. The potential of sharia microfinance as a tool for empowering SMEs is very large, but requires adequate regulatory and infrastructure support. This study concludes that with increased literacy, access, and appropriate regulation, sharia microfinance can be a strategic solution to accelerate the growth of SMEs in Indonesia.
Ketahanan Kontraktual dalam Ekonomi Syariah: Perspektif Hukum dan Ekonomi Khairi, Rifqil; Al Munawar, Muhammad Martadho Al Munawar; Nasrina, Nur; Santoso, Santoso
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i2.69

Abstract

This study aims to analyze contractual resilience in Islamic economics from a legal and economic perspective, focusing on sharia principles that influence contract resilience in the face of modern economic dynamics. Contractual resilience in the sharia system is influenced by the principles of justice, transparency, and risk-sharing that provide better protection for the parties to the contract. In addition, this study also highlights the role of law and regulation in ensuring that sharia contracts remain in accordance with sharia principles and are able to face global economic challenges. The methods used in this study are literature studies and interviews with experts in economics and sharia law. Literature studies were conducted by analyzing books, journals, and regulations related to Islamic economics, while interviews were conducted to obtain in-depth views from practitioners and experts in the field of Islamic economics. The results of the study indicate that sharia contracts have higher resilience compared to conventional contracts, especially in the face of economic crises, due to the principles of risk-sharing and transparency in sharia contracts. However, this study also found challenges in the implementation of sharia contracts that are inconsistent in several institutions, as well as the need for innovation in sharia financial products that are more adaptive to global economic changes. In conclusion, although the resilience of sharia contracts is better, there is still a need to strengthen education, innovation, and regulation to ensure more effective implementation.

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