Refund tiket penerbangan mudik di era covid-19 perspektif undang-undang nomor 8 tahun 1999 dan metode adz-dzari'ah

Rofiq, Mahbub Ainur ORCID: https://orcid.org/0000-0002-9230-767X and Oktavianti, Nanda Dwi (2021) Refund tiket penerbangan mudik di era covid-19 perspektif undang-undang nomor 8 tahun 1999 dan metode adz-dzari'ah. Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Islam, 9 (02). pp. 431-450. ISSN 2581-2556

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Abstract

A pandemic situation changes the rate of transportation significantly. Some areas have closed regional access. This has an effect on decreasing the intensity of transportation needs, especially before Eid al-Fitr, which is conditional on the homecoming tradition. So the government issued Permenhub Number PM 25 of 2020, in which there are different provisions between air transportation refunds and other transportation modes that have a 100% cash refund mechanism. This raises a polemic, especially in terms of fulfilling and protecting the rights of air transportation users as stipulated in Law Number 8 of 1999. The purpose of this article is to examine the refund enforcement mechanism stated in the Minister of Transportation Regulation Number PM 25 of 2020 using the perspective of Law Number 8 of 1999 to see the fulfillment of consumer rights in the flight refund policy. In addition, the theory of adz-dzari'ah is used to measure the impact caused by the issuance of these regulations during the pandemic. This article uses a type of normative legal research with a statute approach and a conceptual approach. And the results of this study are: (1) The provisions for refunding flight tickets during the Covid 19 period in the Minister of Transportation violate the provisions stated in Law Number 8 of 1999. (2) And in a review of the adzdzari'ah method, the Permenhub has a negative effect on aviation service users,so it needs to be reviewed and even deleted.

Item Type:	Journal Article
Keywords:	voucher refund; consumer protection; adz-dzari’ah
Subjects:	14 ECONOMICS > 1402 Applied Economics > 140217 Transport Economics 15 COMMERCE, MANAGEMENT, TOURISM AND SERVICES > 1505 Marketing > 150507 Pricing (incl. Consumer Value Estimation) 15 COMMERCE, MANAGEMENT, TOURISM AND SERVICES > 1507 Transportation and Freight Services > 150701 Air Transportation and Freight Services 18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation 18 LAW AND LEGAL STUDIES > 1801 Law > 180127 Mu'amalah (Islamic Commercial & Contract Law) > 18012799 Mu'amalah (Islamic Commercial & Contract Law) not elsewhere classified
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Mahbub Ainur Rofiq
Date Deposited:	08 Nov 2022 15:46

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