Constitutionalization of Consumer Protection in the Perspective of Human Rights Law and Islamic Prophetic Law

People are ipso facto consumers. People, as consumers, have rights that must be protected by law. As human beings, consumers have rights that must be protected, respected, fulfilled, and advanced by the state. However, current consumer protection could be more effective and stronger, as evidenced by...

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Main Authors: Musataklima Musataklima, M Syamsudin, Adi Sulistiyono
Format: Article
Language:English
Published: Badan Penelitian dan Pengembangan Hukum dan HAM 2023-08-01
Series:Jurnal HAM
Subjects:
Online Access:https://ejournal.balitbangham.go.id/index.php/ham/article/view/3554
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author Musataklima Musataklima
M Syamsudin
Adi Sulistiyono
author_facet Musataklima Musataklima
M Syamsudin
Adi Sulistiyono
author_sort Musataklima Musataklima
collection DOAJ
description People are ipso facto consumers. People, as consumers, have rights that must be protected by law. As human beings, consumers have rights that must be protected, respected, fulfilled, and advanced by the state. However, current consumer protection could be more effective and stronger, as evidenced by many consumer complaints to the National Consumer Protection Agency. (BPKN). This is also due to the weak legal instruments of consumer protection that need to be burned into the country’s constitution. Based on this, the study aims to analyze the urgency of constitutionalizing consumer protection from the perspective of human rights and prophetic Islamic law. The research method used is the study of doctrinal law with conceptual and legislative approaches. The data used is secondary data, i.e., primary, secondary, and tertiary legal materials obtained through the study of libraries and online searching (internet searching), surfing, and downloading, and subsequently analysed qualitatively. As for the results of this study, the first constitutionalization of consumer protection from a human rights perspective can guarantee the fulfillment of the right to life as a fundamental human right and can be an instrumentation of the fulfillment of a right to a decent and safe standard of living to be consumed. Second, from the perspective of prophetic law, the constitutionalization of protection can empower public authorities to fulfill, respect, implement, and enforce consumer protection, thus realizing the liberation and humanization of consumers from unfair and fraudulent trade.
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spelling doaj.art-29f4bfba13a34b239c49512cec2a63ae2023-11-29T08:28:01ZengBadan Penelitian dan Pengembangan Hukum dan HAMJurnal HAM1693-87042579-85532023-08-0114213715410.30641/ham.2023.14.137-154636Constitutionalization of Consumer Protection in the Perspective of Human Rights Law and Islamic Prophetic LawMusataklima MusataklimaM SyamsudinAdi SulistiyonoPeople are ipso facto consumers. People, as consumers, have rights that must be protected by law. As human beings, consumers have rights that must be protected, respected, fulfilled, and advanced by the state. However, current consumer protection could be more effective and stronger, as evidenced by many consumer complaints to the National Consumer Protection Agency. (BPKN). This is also due to the weak legal instruments of consumer protection that need to be burned into the country’s constitution. Based on this, the study aims to analyze the urgency of constitutionalizing consumer protection from the perspective of human rights and prophetic Islamic law. The research method used is the study of doctrinal law with conceptual and legislative approaches. The data used is secondary data, i.e., primary, secondary, and tertiary legal materials obtained through the study of libraries and online searching (internet searching), surfing, and downloading, and subsequently analysed qualitatively. As for the results of this study, the first constitutionalization of consumer protection from a human rights perspective can guarantee the fulfillment of the right to life as a fundamental human right and can be an instrumentation of the fulfillment of a right to a decent and safe standard of living to be consumed. Second, from the perspective of prophetic law, the constitutionalization of protection can empower public authorities to fulfill, respect, implement, and enforce consumer protection, thus realizing the liberation and humanization of consumers from unfair and fraudulent trade.https://ejournal.balitbangham.go.id/index.php/ham/article/view/3554konstitusionalisasihukum hak asasi manusiahukum profetikislamperlindungan konsumen
spellingShingle Musataklima Musataklima
M Syamsudin
Adi Sulistiyono
Constitutionalization of Consumer Protection in the Perspective of Human Rights Law and Islamic Prophetic Law
Jurnal HAM
konstitusionalisasi
hukum hak asasi manusia
hukum profetik
islam
perlindungan konsumen
title Constitutionalization of Consumer Protection in the Perspective of Human Rights Law and Islamic Prophetic Law
title_full Constitutionalization of Consumer Protection in the Perspective of Human Rights Law and Islamic Prophetic Law
title_fullStr Constitutionalization of Consumer Protection in the Perspective of Human Rights Law and Islamic Prophetic Law
title_full_unstemmed Constitutionalization of Consumer Protection in the Perspective of Human Rights Law and Islamic Prophetic Law
title_short Constitutionalization of Consumer Protection in the Perspective of Human Rights Law and Islamic Prophetic Law
title_sort constitutionalization of consumer protection in the perspective of human rights law and islamic prophetic law
topic konstitusionalisasi
hukum hak asasi manusia
hukum profetik
islam
perlindungan konsumen
url https://ejournal.balitbangham.go.id/index.php/ham/article/view/3554
work_keys_str_mv AT musataklimamusataklima constitutionalizationofconsumerprotectionintheperspectiveofhumanrightslawandislamicpropheticlaw
AT msyamsudin constitutionalizationofconsumerprotectionintheperspectiveofhumanrightslawandislamicpropheticlaw
AT adisulistiyono constitutionalizationofconsumerprotectionintheperspectiveofhumanrightslawandislamicpropheticlaw