ANALYSIS OF LEGAL CERTAINTY OF STANDARD CLAUSES IN SALE AND PURCHASE NOTES FROM THE PERSPECTIVE OF ISLAMIC ECONOMIC LAW AND CONSUMER PROTECTION LAW

Industrial growth in Indonesia creates challenges for consumers when companies go bankrupt, which often hampers the process of returning consumer rights. Legal protection regulated in the Consumer Protection Law is important for creating a healthy economy and empowering consumers. However, legal uncertainty in resolving disputes between bankrupt business actors and consumers is still a concern. Therefore, this journal aims to provide an in-depth understanding of a fair solution for both parties. The type of research method in this writing is qualitative with document type. Qualitative research is a type of research whose results are not based on statistics or other calculations. The instrument of qualitative research is the researcher himself. The results of this research are that the resolution of consumer disputes when a company goes bankrupt is based on the Consumer Protection Law, strengthening legal protection for consumers. Steps include consumer empowerment and efficient dispute resolution, both outside the courts and through court processes, with the government playing an active role in guidance and supervision. Even though the company goes bankrupt, consumers still have the right to obtain compensation according to the law, with options such as small claims claims, legal standing for consumer protection agencies, and class actions. This all aims to ensure effective consumer protection and fair law enforcement against business actors who violate their obligations

This research is motivated by a phenomenon that business actors in buying and selling online often provide unclear information. This research is a library research on consumer legal protection in online buying and selling according to Law No. 8 of 1999 and consumer protection in online buying and selling according to the Compilation of Sharia Economic Law and comparison of consumer protection in online buying and selling according to UUPK and KHES. The results showed that, Legal protection of consumers in online buying and selling according to Law No. 8 of 1999 is not fully realized, because many consumer rights are violated by online business actors. Violated consumer rights are contained in GCPL Article 4, Article 7, Article 8, Article 17, Article 19. The legal protection of consumers in online buying and selling based on the Compilation of Sharia Economic Law is the provision of protection in the form of khiyar rights (cancel or continue the sale and purchase contract). The similarity of consumer legal protection in online buying and selling according to GCPL and KHES is that they must provide correct, clear, and honest information about the conditions and guarantees of goods and / or services. While the difference in consumer protection in online buying and selling according to GCPL and KHES is that according to GCPL, administrative sanctions and criminal sanctions are imposed; in KHES, consumers are given the right to khiyar (cancel or continue the contract) in online buying and selling.

The protection of the interests of consumers is a central aspect of all modern competition laws as well as a direct aim of consumer protection laws. However, despite being complementary in many ways, competition and consumer protection laws cover different issues and employ different methods to achieve their goals. While consumer protection rules are built upon the premise that consumers are the weaker party to transactions and should be directly protected for this reason in their dealings with traders through certain consumer rights, competition law only indirectly protects the consumers’ economic well-being by ensuring that the markets are subject to effective competition. This article explores the interplay between consumer protection and competition law in the Indian context with some comparison with the EU position, where relevant. After an examination of the relevant legislation and case law, the article finds that given that the mandate of the Competition Commission of India is to prevent practices having an adverse effect on competition, in cases of overlap between consumer protection and competition laws, the Authority should act only on the basis of adverse effects on competition. The treatment of ‘unfair trade practices’ is used to demonstrate the appropriateness of this approach.

Objective: The purpose of this study is to analyze consumer protection against the circulation of Antiq brand cast metal products based on Law Number 8 of 1999 concerning Consumer Protection, as well as to review from the perspective of sharia economic law. Theoretical framework: this includes consumer protection theory in Indonesian positive law as well as the principles of justice and transparency in sharia economic law. Literature review: includes consumer protection regulations, legal theories of Islamic economics, as well as previous studies related to trade practices and the protection of consumer rights. Method: applied in this study is a qualitative method with a case study approach on Antiq cast metal products, where data is obtained through in-depth interviews, observations, and document analysis. Results: the results of the study show that there is a discrepancy between the marketing practices of Antiq products and the provisions of the Consumer Protection Law, especially regarding the consumer's right to correct and safe information. From the point of view of sharia economic law, the practice also does not fully reflect the principles of fairness and openness in transactions. Implications: These findings affirm the importance of increasing transparency of product information and compliance with sharia principles in business, to ensure the protection of consumer rights across the board. The novelty: of this study lies in the simultaneous incorporation of positive legal analysis and Islamic economic law in examining consumer protection of cast metal industry products, an approach that is still rarely done in the context of similar research.

Standard clauses in consumer protection are terms or conditions unilaterally determined by business actors. Standard clauses are regulated in Article 18 of the Consumer Protection Act. Understanding standard clauses is essential for consumers and business actors, so legal counseling is needed to increase awareness and understanding for consumers and business actors. The Consumer Protection Act does not prohibit the inclusion of standard clauses in agreement documents between consumers and business actors. The Consumer Protection Act only prohibits the inclusion of standard clauses contrary to Article 18, paragraphs (1) (2) of the Consumer Protection Act. Article 18 paragraph (3) of the Consumer Protection Act determines that the standard clause that contradicts Article 18 paragraph (1), (2) of the Consumer Protection Act is declared null and void. In addition, the legal consequences for business actors for the inclusion of standard clauses that are contrary to Article 18 paragraph (1), (2) of the Consumer Protection Act based on Article 62 paragraph (1) of the Consumer Protection Act are threatened with imprisonment for a maximum of five years or a maximum fine of two billion. In including standard clauses in documents or agreements with consumers, business actors must pay attention to the provisions of Article 18 of the Consumer Protection Act. This legal counseling activity increases the awareness and understanding of consumers and business actors regarding standard clauses based on consumer protection laws, which can ultimately realize consumer protection.

This study aims to analyze the weaknesses of the corporate liability arrangements of airline service business actors for consumer protection in the perspective of Islamic law in Indonesia. Legal research in the form of prescriptive, with statutory, case, conceptual and comparative approach. Comparative legal studies were conducted with Malaysia, Singapore and Australia supported by the theory of maqashid shariah, welfare state theory and justice theory. The research shows that; First, there are weaknesses in the regulation of liability of business actors in the Consumer Protection Law and the Aviation Law, which have not been able to reach the liability. Beside that, it is not fulfilled the principle of Al-adl because of justice, balance, and equality that describe the horizontal dimension. Second, there is prescription for future arrangements in the corporate liability of airline business actors in the perspective of Islamic law. The position of consumers and business actors should be equal based on the maqashid shariah. Aviation Service Business Actors must be responsible for consumer losses whose rights are violated as regulated in the Qur'an and Hadith. Based on the principle of Al-adl in maqashid shariah, it is necessary to reconstruct the regulation of aviation law and consumer protection law.

This research examines the practice of rice blending at Tiga Putri Enterprises, which does not fully follow the principles of transparency stipulated in sharia economic law and consumer protection law in Indonesia. Without notice to consumers, this practice can be categorized as tadlis or fraud under sharia law, which obscures product quality and creates the potential for consumer dissatisfaction or loss. This study used an interview method to explore consumer perceptions regarding product information and business responsibility in delivering quality goods. The results show that the lack of information transparency makes consumers less aware of product quality, resulting in a decline in trust. The implications of the study highlight the importance of regulation and education on transparency in the buying and selling of rice, in order to build a fairer and more responsible trading environment in accordance with sharia principles and consumer protection in Indonesia. Abstrak Penelitian ini meneliti praktik pencampuran beras di Usaha Tiga Putri yang tidak sepenuhnya mengikuti prinsip transparansi yang diatur dalam hukum ekonomi syariah dan hukum perlindungan konsumen di Indonesia. Tanpa adanya pemberitahuan kepada konsumen, praktik ini dapat dikategorikan sebagai tadlis atau penipuan menurut hukum syariah, yang mengaburkan kualitas produk dan menimbulkan potensi ketidakpuasan atau kerugian bagi konsumen. Studi ini menggunakan metode wawancara untuk menggali persepsi konsumen terkait informasi produk dan tanggung jawab usaha dalam penyampaian kualitas barang. Hasil penelitian menunjukkan bahwa kurangnya transparansi informasi membuat konsumen kurang memahami kualitas produk, sehingga terjadi penurunan kepercayaan. Implikasi penelitian menyoroti pentingnya regulasi dan edukasi transparansi dalam jual beli beras, demi membangun lingkungan perdagangan yang lebih adil serta bertanggung jawab sesuai prinsip syariah dan perlindungan konsumen di Indonesia.

The Consumer Protection Law does not expressively verbis state the protection of consumer personal data as part of consumer rights that must be protected by business actors. The existence of cybercrime and the negligence of business actors can cause leakage of consumer personal data to be something that needs to be anticipated. This paper aims to discuss the application of the PDP Law to consumer protection of personal data and how the form of liability of business actors in the perspective of the PDP Law in ensuring consumer protection. This paper uses normative research with a conceptual approach, a statutory approach, and a case approach. This paper also concluded that The handling of consumer disputes related to personal data breaches should be handled in parallel by applying the PDP Law and the Consumer Protection Law. Business actors should protect consumers' personal data based on the provisions prohibiting disclosing personal data unlawfully. The application of the principle of absolute accountability or strict liability is intended so that business actors can be fully responsible for the interests of consumers. In the event that there is negligence on the part of the business actor, resulting in a violation of the protection of consumers' personal data. Business actors cannot escape responsibility for any reason because they have neglected to protect consumers' personal data.

Background: This article discusses the problems faced by buyers in online buying and selling, in the form of advertisements that do not match the products being sold. For this reason, researchers are interested in conducting research with the title Comparative Study of Article 10 Letter C of Law Number 8 of 1999 concerning Consumer Protection and Sharia Business Law in Online Clothes Buying and Selling by examining three online shops, namely Sa**tri.Store 1**6611424, N**la.Fasshion, and Ocyd Clothing Official. Methods: The research method uses empirical juridical, with a phenomenological and conceptual approach. Data analysis uses inductive and descriptive methods. The data collection techniques used were observation, interviews, documentation, questionnaires and library data. Findings: The results of the research show that the two online stores studied, namely Sa**tri.Store 1**6611424, and N**la.Fasshion are known to have committed fraud with advertising media that is misleading and contains elements of gharar and jahalah. Conclusion: Meanwhile, the Ocyd Clothing Official online shop is known to comply with applicable regulations, both from the Consumer Protection Law and Sharia Business Law. Novelty/Originality of this Study: Its comparative analysis of Article 10, Letter C of Law Number 8 of 1999 on Consumer Protection with Sharia Business Law, specifically within the context of online clothing sales, provides a unique examination of legal and ethical perspectives. This approach highlights the differences and commonalities in addressing false advertising in Indonesia's burgeoning e-commerce sector.

Consumer protection law and competition law are interrelated, closely knitted, and cannot be dealt with in isolation of the other. The two branches of law are delicately intertwined and often overlap with each other and a critical assessment needs to be undertaken to fully understand and appreciate how the two laws interface with each other. These two laws have interfaced in many aspects including sharing a common purpose and their cardinal desire to promote and protect each other. It should be borne in mind that through such interface, the two branches of law either co-operate or at times conflict with each other. In interfacing, Competition and Consumer Protection laws have benefits that include realisation of a fully functioning market, an improved inflow of information, detection of anticompetitive practices, control of complicated products and services, and protection of consumers. However, the above interface has demerits. These include disincentives to invest by firms holding dominant positions, increase of “fly-by-night” operators and cropping up of unethical and criminal behaviours as firms compete with each other. To address the above demerits posed by the interface of the two branches of law, this article suggests that there should be close coordination and coherence of the two laws, use of economics based models and emphasis on consumer protection. Keywords: Consumer Protection Law, Competition Law, Cooperation, Conflicts, Tanzania.

Enter the quagmire – the complicated relationship between data protection law and consumer protection law

This research examines dispute settlement mechanisms within the framework of Indonesia's consumer protection laws and the Electronic Information and Transaction Law (ITE Law). Utilizing a normative legal methodology, the study analyzes relevant legal principles and doctrines, particularly focusing on Law No. 8 of 1999 on Consumer Protection and the Civil Code. The key findings of the study are twofold. First, it identifies that corporate entities bear responsibility for consumer losses under both the Consumer Protection Law and the ITE Law, which provides a legal structure for resolving disputes related to electronic transactions. However, the research also reveals a critical distinction: disputes arising from online purchases generally fall under the ITE Law, rather than the Consumer Protection Law. Second, the study highlights the challenge of interpreting the term "consumer" within the Consumer Protection Law, which explicitly refers to the final beneficiary of a product or service. This definition creates ambiguity in cases involving intermediaries or non-end consumers in online transactions. The study's contribution lies in its identification of a legal gap in the current regulatory framework. It suggests that the Consumer Protection Law may require revision to better address the complexities of modern e-commerce, particularly in distinguishing between end consumers and non-end consumers. By doing so, the research provides a foundation for future legal reforms aimed at improving the protection of consumers in the digital marketplace.

sociology of Law is the study whose object is legal phenomena using the social sciences. The perspective used is seen from different sides. Because it refers to symptoms that occur in society. Anthropology is a scientific discipline whose focus of study lies on humans and culture in society. This type of research uses literature research that takes data through information by obtaining library materials, data techniques that have been obtained by reviewing and analyzing, both in the form of books, journals, research results. As well as by using descriptive analysis techniques. Consumer protection is all efforts made by the government to ensure legal certainty in providing protection to consumers. The UUPK outlines the rights and obligations of consumers and businesses. Consumer rights are divided into 9 points regarding security, comfort, consumer safety is an urgent matter in consumer protection. In sharia economic law, the stages that constitute legal protection can be given. In the study of Islamic fiqh related to the truth and accuracy of information When business actors promote their sales occupy at the study stage. In recent years Indonesia has experienced several phenomena that occur in the community, but these phenomena are negative because they make it difficult for people to carry out their activities such as hoarding masks, and hoarding cooking oil. The relationship between sociology of anthropology and Islamic economic law on consumer protection is that, phenomena that occur in society, can have an impact not on legal, religious, or social aspects. Referring to the issue of consumer protection on social media, there are three points that are the focus of the problem, namely the Revision of the Consumer Protection Law. Consumer protection of non-conforming goods (defective, different orders, fraud). Consumer protection of Financial Technology

Buying and selling is a common activity in Indonesian society, and every day there are people involved in buying and selling transactions. Buying and selling refers to a transaction between a seller, who is usually a business actor, and a buyer, who is a consumer. In the buying and selling process, consumers often face problems or losses. Therefore, Indonesia has issued a consumer protection law to protect consumer rights. The problems faced by consumers are not limited to selecting goods alone, but involve more complex problems related to the awareness of all parties, including business actors and consumers, about the importance of consumer protection. The aim of implementing, developing and regulating consumer protection is to increase consumer dignity and awareness. More than that, it also aims to encourage business actors not to abuse their business practices and act responsibly. It is important for consumers to realize that they have rights protected by the Consumer Protection Law, so that they can exercise social control over the behavior and business practices of business actors and the government. This research uses socio-legal research methods that adopt an interdisciplinary approach or a "hybrid" approach that combines aspects of sociological research with a normative approach that applies qualitative analysis. The results of this article state that consumer protection law has great significance in the context of buying and selling activities. For business actors, this law is important because it provides clear guidelines regarding permitted practices and prohibits actions that could harm consumers. Meanwhile, for consumers, consumer protection laws are also important because they provide security guarantees when they are involved in buying and selling transactions

The imbalance of economic relations between business actors and consumers has resulted in suboptimal consumer protection, especially in facing the challenges of modern trade such as e-commerce. Although the Consumer Protection Law (UUPK) Number 8 of 1999 in Indonesia has provided a legal basis and regulated the basic rights of consumers, in practice consumer awareness and the application of legal protection are still not optimal. Therefore, consumer protection must be viewed holistically, not only from the aspect of positive law, but also from the perspective of the Qur'an which instills ethics and social responsibility in business. This research uses a qualitative method with an analytical literature study, which examines national legal regulations and Qur'anic verses related to business ethics and consumer protection. The results show that the principles in the UUPK are closely aligned with the teachings of the Qur'an which emphasize fairness, the prohibition of fraud, and the responsibility of businesses, as well as consumers' rights to convenience, security, and correct information. In addition, the research identified several key issues in consumer protection, such as product safety, right to clear information, digital transactions, personal data privacy, after-sales service, price transparency, protection of vulnerable consumers, right to be heard, environmental social responsibility, and accessibility of products and services. This study concludes that the integration between positive law and Islamic values can strengthen an effective and sustainable consumer protection system in Indonesia.