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PERLINDUNGAN HUKUM TERHADAP PENJUAL DALAM TRANSAKSI JUAL BELI TEMBAKAU DI DESA MOROBONGO, KECAMATAN JUMO, KABUPATEN TEMANGGUNG (STUDI KOMPARATIF HUKUM POSITIF DAN HUKUM ISLAM)
Legal protection in tobacco trading transactions is an important issue in Morobongo Village, Jumo District, Temanggung Regency. Tobacco is a commodity that plays an important role in society's economy. Farmers often rely on middlemen as intermediaries to sell their crops. This dependence creates an unequal bargaining position that leaves farmers in a vulnerable condition, especially in pricing and transaction fairness. The practice of buying and selling in this region is generally carried out orally without a written agreement. This condition causes weak legal protection for farmers as sellers. This research formulates two main problems, namely the practice of tobacco buying and selling agreements in Morobongo Village and the review of positive law and Islamic law regarding seller protection in this practice. This research also aims to provide solutions to create a fairer transaction system and protect farmers' rights. This research uses a qualitative method with a field research type (field research) and a descriptive-analytical approach. Primary data were obtained through interviews with farmers, middlemen and other relevant parties, as well as direct observations at the research location. Secondary data is obtained from various legal documents such as the Civil Code, Islamic legal literature and related journals. A normative approach is used to assess the conformity of practices with applicable legal provisions, while a sociological approach is used to understand the social context that influences buying and selling practices in the field. Data analysis is carried out qualitatively by referring to treaty theory, preventive and repressive legal protection theory, and maslahah mursalah theory. The results showed, first, the validity of the practice of tobacco trading agreements in Morobongo Village according to positive law and Islamic law is valid. This is because the practice of tobacco trading that occurs has fulfilled the pillars. Secondly, the review of legal protection shows that in positive law, the legal protection stipulated in the Consumer Protection Act has not been implemented in the practice of buying and selling tobacco in Morobongo Village. Meanwhile, Islamic law emphasises the importance of justice, and development in transactions, which have not been fulfilled in the practice of tobacco trading in Morobongo Village.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERLINDUNGAN HUKUM TERHADAP PENJUAL DALAM TRANSAKSI JUAL BELI TEMBAKAU DI DESA MOROBONGO, KECAMATAN JUMO, KABUPATEN TEMANGGUNG (STUDI KOMPARATIF HUKUM POSITIF DAN HUKUM ISLAM) (Text)
PERLINDUNGAN HUKUM TERHADAP PENJUAL DALAM TRANSAKSI JUAL BELI TEMBAKAU DI DESA MOROBONGO, KECAMATAN JUMO, KABUPATEN TEMANGGUNG (STUDI KOMPARATIF HUKUM POSITIF DAN HUKUM ISLAM) (Other)
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