NUSANTARA: Journal Of Law Studies

Consumer Protection in the Digital Era: An Analysis of Consumer Protection in E-Commerce

Ismawati — 2024-12-21

Technological advancements have significantly impacted trading activities, particularly in electronic commerce, which enables the promotion, marketing, sale, and purchase of products or services electronically. While this has brought many advantages, it has also raised concerns about potential violations of consumer rights. Law No. 8 of 1999 aims to ensure legal certainty in e-commerce transactions. This article discusses the regulatory framework for legal protection of consumers in e-commerce transactions and the challenges faced. Using a normative juridical approach, the research method examines written laws and literature, linking them to real-world occurrences. The analysis is descriptive, collecting data and relating it to actual events. The conclusion is that the regulations for consumer legal protection are not yet effective in preventing fraud perpetrated by business actors in electronic transactions. The existence of consumer legal protection laws is expected to prevent crimes committed by business actors and serve as a legal shield for consumers.

Anti-gratification Frameworks in State Islamic Religious College: Strategies for Building a Competitive Civilization

Zulfahmi — 2024-12-21

State Islamic Religious College (PTKIN) play a strategic role in building a competitive civilization through the application of integrity values and the prevention of gratification. This research aims to introduce and explore the context of effective gratification prevention, with a primary focus on innovative strategies in PTKIN. This research is a qualitative study using a literature review and case study approach to explore an effective anti-gratification framework at PTKIN. The results of this study indicate that the innovation of the anti-gratification framework has been implemented at PTKIN and has a significant impact on competitiveness and sustainable development. Integrity and transparency in the academic environment of PTKIN aim to shape a generation that is free from corruption. An effective framework has maintained the credibility of institutions and enhanced national and international competitiveness. The implementation of anti-gratification prevention is carried out through several actions such as the establishment of a Research Center and the implementation of Anti-Corruption Education, curriculum development, training, and socialization to students and the academic community, as well as collaborating with the Corruption Eradication Commission

Tashwir in the View of Hadith and the Opinions of Scholars

Ramadan Subhi Subhi — 2024-12-21

The development of drawing, sculpture, and photography has led them to become subjects in various universities worldwide, with some individuals choosing them as profitable professions. The purpose of this research is to understand "tashwir" from the perspective of Hadith and the opinions of scholars. The research method employed is literature review, involving the study of existing literature. The research findings indicate that the Islamic law regarding the art of painting living beings deems it "haram" (forbidden) if the artwork resembles the creation of Allah without the ability to breathe life into the image. This is due to the potential for polytheism and arrogance. However, some scholars make exceptions, considering the context of the time and the purpose of the art. If the intention is good and beneficial, it is considered "mubah" (permissible). Conversely, if the intention is malicious and harmful, it is deemed "haram." There is consensus on the prohibition of three-dimensional images, such as sculptures and idols used for worship. On the other hand, images that are incomplete, lacking the full representation of body parts, whether two-dimensional or three-dimensional, are generally considered permissible. There are also disputed issues, such as images of living beings, humans, and animals distorted in flat surfaces. Each opinion is supported by evidence that can be studied. Regarding photography, scholars have differing opinions: some strictly forbid it except in emergencies, while others permit it under the condition that nothing prohibited is present in the images

The Principle of Legal Certainty in the Perspective of Legal Positivism

Itok Dwi Kurniawan — 2024-12-21

The principle of legal certainty, as defined by Gustav Radbruch, is considered a fundamental value of law. This principle essentially expects and requires laws to be formulated clearly in written form. Its existence is crucial as it ensures clarity in the positive legal products in place. The significant meaning of this principle shares a similarity with the core idea present in the construct of legal positivism, namely clarity (certainty). Therefore, this paper aims to achieve an understanding of the principle of legal certainty through the framework of legal positivism reasoning. The principle of legal certainty, as defined by Gustav Radbruch, is considered a fundamental value of law. This principle essentially expects and requires laws to be formulated clearly in written form. Its existence is crucial as it ensures clarity in the positive legal products in place. The significant meaning of this principle shares a similarity with the core idea present in the construct of legal positivism, namely clarity (certainty). Therefore, this paper aims to achieve an understanding of the principle of legal certainty through the framework of legal positivism reasoning.

Islamic Civil Law in Indonesia: Developments, Challenges, and Future Prospects

Dewi Fransiska Mamonto — 2024-12-25

This article examines the development of Islamic civil law in Indonesia, focusing on the aspects of marriage and inheritance. The study explores the evolution of Islamic civil law during the reform era, highlighting both its practical implementation and the emerging intellectual discourses. This development reflects Indonesia's dynamic legal landscape in accommodating Islamic principles within its pluralistic society. Key issues discussed include the legal status of children born out of wedlock, marriage registration laws, regulations on polygamy, mandatory wills (wasiat wajibah), substitute heirs (ahli waris pengganti), and other matters related to marriage and Islamic inheritance in Indonesia. By analyzing these topics, the article provides insights into the interplay between tradition, contemporary legal reform, and societal needs in shaping the progression of Islamic civil law. The findings contribute to a deeper understanding of how Islamic legal principles are interpreted and adapted in Indonesia's legal system, emphasizing their relevance and challenges in modern contexts.