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ISLAM DAN DINAMIKA HUKUM DALAM PERMENDAG NOMOR 51 TAHUN 2015 TENTANG LARANGAN IMPOR PAKAIAN BEKAS
Indonesia is a developing country with a large population and faces challenges in managing international trade, including imports of second-hand goods, particularly clothing. The Indonesian government has enacted Minister of Trade Regulation No. 51/2015 that bans the import of second-hand clothing to protect the domestic textile industry. Nonetheless, the trend of thrifting is gaining interest from the public for various reasons, such as cost savings and environmental conservation. This research aims to: 1) understand the view of progressive law towards the regulation of the minister of trade number 51 of 2015 concerning the prohibition of imports of used clothing. 2) The rights of traders according to maqāṣid sharī'ah against the regulation of the minister of trade number 51 of 2015 on the import ban of used clothing. This thesis is the result of library research, which is a study conducted by collecting information from textual sources. Analysing print and electronic media, including books, journals, articles, findings of previous studies and literature reviews related to the rights of used clothing traders and the step back against the regulation of the minister of trade number 51 of 2015 concerning the ban on the import of used clothing which is then analysed using the theory of progressive law and maqāṣid sharī'ah theory. The results show that: first, the regulation of the minister of trade number 51 of 2015 concerning the prohibition of imports of used clothing is not in accordance with progressive law. People are not affected by the regulation because it is not binding and illegal imports are increasing even though there is already a regulation prohibiting it. Secondly, used clothing traders feel that their right to earn a living from trading is neglected by the government because the regulations enacted do not favour used clothing traders. Thirdly, the regulation needs to be revised by adding the allowed import quota so that traders can still make a living. The regulation of the minister of trade and the regulation of the minister of finance must be aligned and in line so as not to confuse the public to comply with the applicable rules.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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