ANALISIS HUKUM KEGIATAN IMPOR PAKAIAN BEKAS DALAM UNDANG-UNDANG NOMOR 7 TAHUN 2014 PERSPEKTIF MASLAHAH

Satrio Kusumo, NIM.: 20103070022 (2024) ANALISIS HUKUM KEGIATAN IMPOR PAKAIAN BEKAS DALAM UNDANG-UNDANG NOMOR 7 TAHUN 2014 PERSPEKTIF MASLAHAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The importation of used clothing represents a business trend or a form of public consumption of fashion that has gained considerable popularity in recent years. This is evidenced by the continued increase in demand for imported used clothing each year. However, there is a law that can be said to prohibit this activity. This is contained in the Law of the Republic of Indonesia Number 7 of 2014 concerning Trade, Article 47 Paragraph (1), which reads, "Every Importer is obliged to import goods in a new condition." This raises a number of considerations for the imported used clothing industry. This thesis aims to address two key questions: firstly, what is the solution or way out for traders to legalise the used clothing business? Secondly, how is the sale and purchase of imported used clothing in Indonesia viewed from the perspective of Maslahah? This type of research is conducted through field research and employs qualitative research methodologies, including the collection and observation of data from interviews. The nature of this research is descriptive-analytical, which describes the data in clear terms and provides analysis to address existing problems. The research approach utilized is empirical juridical, based on the Qur'an, Hadith, Fiqh, and Legislation. Data collection is conducted through interviews, observation, and a literature study. Furthermore, the data is analyzed using a maslahah perspective. Based on the results of this thesis research, it explains that (1.) the solution so that traders can continue the business of imported used clothing legally according to the pre-requisites of the Law of the Republic of Indonesia Number 7 of 2014 concerning Trade, namely through legal and registered channels according to the information and requirements of the relevant Law, even though this has an impact on the price of R1 distributors which soars very high. However, Law of the Republic of Indonesia Number 7 of 2014 concerning Trade in Article 47 Paragraph (1) still raises pros and cons, because of the diction "new" in the article which forces importers to import new goods in all aspects. Where the Minister of Defense himself has purchased Alutsista in a state that is not new, aka used. However, this can indeed happen due to Paragraph (2) of Article 47, namely "In certain cases the Minister may determine that the imported goods are not new." (2.) Many aspects must be considered to achieve the benefit of the seller or buyer, the sale and purchase of imported used clothing can be viewed from a maslahah perspective by paying attention to the benefits that can be obtained by the community in general and individuals in particular, in line with the principles of welfare desired in Islam.

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