ABSTRAKThe aim of this research is to find out the aspects of good intention and actions against ... more ABSTRAKThe aim of this research is to find out the aspects of good intention and actions against the law that there is an activity of rounding up the price of goods of modern stores which is caused by the nominal use of rupiah that has not been circulated.The research method used normative juridical perspective with a doctrinal approach that relies on secondary data sources consisting of primary, secondary, and tertiary legal materials obtained through literature study, and analyzed using descriptive analysis method.The results of this research are first, rounding the price which is caused by the use of rupiah denominations that are not circulating is a form of business actor's violation of the principle of good intention in operating his business. Second, the act in the form of price rounding which is caused by the use of rupiah denominations that have not been circulated fulfilling the elements of illegal actions called by against the law. ABSTRAKTujuan dari penelitian ini ada...
Transportation gets a central position for the sustainability of business concerning people movem... more Transportation gets a central position for the sustainability of business concerning people movement from one place to another. In certain areas, transportation is not monopolized by public modes. The non-public ones are also turned into public transportation, such as motorbikes, known as ojek (motorcycle taxis). This research describes the review of mashlahah and the urgency of consumer legal protection in using motorcycle taxi. This is a normative juridical study with a doctrinal approach relying on secondary data consisting of primary, secondary, and tertiary legal material obtained through literature studies. Those data are analyzed using descriptive analysis methods. The results of the study are: first, using motorcycle taxis contains the values of maslahah (benefit), in terms of daruriyah, hajjiyah, and tahsiniyah domains in fulfilling the community needs; second, because of its mashlahah values, the users (passengers) need to have legal protection by providing legal certainty...
This study aims to describe first, the main factors causing the inability of the law to fulfill t... more This study aims to describe first, the main factors causing the inability of the law to fulfill transportation accessibility rights for persons with disabilities in East Java, secondly, the legal review of consumer protection and maqashid sharia against non-fulfillment of transportation accessibility rights for persons with disabilities, third, legal solutions to compliance transportation accessibility rights of persons with disabilities in East Java. The research method used is empirical research with a sociological juridical approach that is related to the effectiveness of the law to fulfill the accessibility rights of persons with disabilities in the field of transportation, which relies on primary data obtained through guided free interviews from primary data sources as well: (1) Transportation Service of East Java Province , (2) Regional Representative Council of the East Java Highway Transport Organization (Organda), which is then analyzed descriptively by a deductive pattern....
Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 conce... more Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 concerning Halal Product Guarantee, namely Article 4A "halal statement" as the basis for halal certification obligations for micro and small business actors. This paper aims to test the constitutionality of Article 4A, which discusses the constitutional basis of halal products as the constitutional rights of Indonesian Muslim consumers and examines the constitutionality of Article 4A itself. Based on the study results, it can be seen, and firstly, those halal products are the constitutional rights of Muslim consumers, which the 1945 Constitution gives as part of the right to religion because halal products are related to Allah SWT. After all, as His commandments, the constitutional rights of these halal products can be said to be spiritual rights. Second, Article 4A is out of sync with the constitution so that it is thus unconstitutional and has no power to apply based on the lex s...
Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 conce... more Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 concerning Halal Product Guarantee, namely Article 4A "halal statement" as the basis for halal certification obligations for micro and small business actors. This paper aims to test the constitutionality of Article 4A, which discusses the constitutional basis of halal products as the constitutional rights of Indonesian Muslim consumers and examines the constitutionality of Article 4A itself. Based on the study results, it can be seen, and firstly, those halal products are the constitutional rights of Muslim consumers, which the 1945 Constitution gives as part of the right to religion because halal products are related to Allah SWT. After all, as His commandments, the constitutional rights of these halal products can be said to be spiritual rights. Second, Article 4A is out of sync with the constitution so that it is thus unconstitutional and has no power to apply based on the lex superior derogat legi inferiori principle. In addition, it does not have the legitimacy to be considered a law because it does not meet the minimum threshold of morality criteria introduced by Lon L. Fuller. The unconstitutionality of Article 4A has a severe impact on the legal uncertainty of protecting Muslim consumers from accessing halal products as their spiritual right.
ABSTRAKThe aim of this research is to find out the aspects of good intention and actions against ... more ABSTRAKThe aim of this research is to find out the aspects of good intention and actions against the law that there is an activity of rounding up the price of goods of modern stores which is caused by the nominal use of rupiah that has not been circulated.The research method used normative juridical perspective with a doctrinal approach that relies on secondary data sources consisting of primary, secondary, and tertiary legal materials obtained through literature study, and analyzed using descriptive analysis method.The results of this research are first, rounding the price which is caused by the use of rupiah denominations that are not circulating is a form of business actor's violation of the principle of good intention in operating his business. Second, the act in the form of price rounding which is caused by the use of rupiah denominations that have not been circulated fulfilling the elements of illegal actions called by against the law. ABSTRAKTujuan dari penelitian ini ada...
Transportation gets a central position for the sustainability of business concerning people movem... more Transportation gets a central position for the sustainability of business concerning people movement from one place to another. In certain areas, transportation is not monopolized by public modes. The non-public ones are also turned into public transportation, such as motorbikes, known as ojek (motorcycle taxis). This research describes the review of mashlahah and the urgency of consumer legal protection in using motorcycle taxi. This is a normative juridical study with a doctrinal approach relying on secondary data consisting of primary, secondary, and tertiary legal material obtained through literature studies. Those data are analyzed using descriptive analysis methods. The results of the study are: first, using motorcycle taxis contains the values of maslahah (benefit), in terms of daruriyah, hajjiyah, and tahsiniyah domains in fulfilling the community needs; second, because of its mashlahah values, the users (passengers) need to have legal protection by providing legal certainty...
This study aims to describe first, the main factors causing the inability of the law to fulfill t... more This study aims to describe first, the main factors causing the inability of the law to fulfill transportation accessibility rights for persons with disabilities in East Java, secondly, the legal review of consumer protection and maqashid sharia against non-fulfillment of transportation accessibility rights for persons with disabilities, third, legal solutions to compliance transportation accessibility rights of persons with disabilities in East Java. The research method used is empirical research with a sociological juridical approach that is related to the effectiveness of the law to fulfill the accessibility rights of persons with disabilities in the field of transportation, which relies on primary data obtained through guided free interviews from primary data sources as well: (1) Transportation Service of East Java Province , (2) Regional Representative Council of the East Java Highway Transport Organization (Organda), which is then analyzed descriptively by a deductive pattern....
Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 conce... more Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 concerning Halal Product Guarantee, namely Article 4A "halal statement" as the basis for halal certification obligations for micro and small business actors. This paper aims to test the constitutionality of Article 4A, which discusses the constitutional basis of halal products as the constitutional rights of Indonesian Muslim consumers and examines the constitutionality of Article 4A itself. Based on the study results, it can be seen, and firstly, those halal products are the constitutional rights of Muslim consumers, which the 1945 Constitution gives as part of the right to religion because halal products are related to Allah SWT. After all, as His commandments, the constitutional rights of these halal products can be said to be spiritual rights. Second, Article 4A is out of sync with the constitution so that it is thus unconstitutional and has no power to apply based on the lex s...
Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 conce... more Law Number 11 of 2020 concerning Job Creation has a crucial impact on Law Number 33 of 2014 concerning Halal Product Guarantee, namely Article 4A "halal statement" as the basis for halal certification obligations for micro and small business actors. This paper aims to test the constitutionality of Article 4A, which discusses the constitutional basis of halal products as the constitutional rights of Indonesian Muslim consumers and examines the constitutionality of Article 4A itself. Based on the study results, it can be seen, and firstly, those halal products are the constitutional rights of Muslim consumers, which the 1945 Constitution gives as part of the right to religion because halal products are related to Allah SWT. After all, as His commandments, the constitutional rights of these halal products can be said to be spiritual rights. Second, Article 4A is out of sync with the constitution so that it is thus unconstitutional and has no power to apply based on the lex superior derogat legi inferiori principle. In addition, it does not have the legitimacy to be considered a law because it does not meet the minimum threshold of morality criteria introduced by Lon L. Fuller. The unconstitutionality of Article 4A has a severe impact on the legal uncertainty of protecting Muslim consumers from accessing halal products as their spiritual right.
Uploads
Papers by Musataklima Musataklima