The Substantial Justice in the Implementation of Act No. 2 of 1981 Regarding Legal Metrology as IUS Constitutum
Journal Title: IOSR Journal of Humanities and Social Science - Year 2019, Vol 24, Issue 1
Abstract
The Substantial Justice becomes an important aspect for consumers in Indonesia in terms of receiving products that have been through length measure, volume measure, weight measure, and their equipment (UTTP – ukur, takar, timbang dan perlengkapannya) beforehand, which are the research object of legal metrology. The definitions of Metrology and legal Metrology are regulated in Article 1 point a and b of the Act No. 2 of 1981 regarding Legal Metrology as a field of Science that covers broad concept of measurement, while Legal Metrology is a metrology that manages the measurement units, methods, and tools related to the technical requirements and regulation based on the law aimed to protect public interests in terms of measurement truths. The affirmation aligns with the basis of consideration of the Act No. 2 of 1981 regarding Legal Metrology that mandates the implementation of metrological activities in Indonesia to be channeled toward the realization of legal and justice certitude. The substantial justice itself is defined as the justice given in accordance with substantive legal regulations without considering the procedural faults that do not affect the Plaintiff/Petitioner‟s substantive rights. It means that what is right formally-procedural might be faulted materially and its substances violate the justice (friedman, 1984). Vice versa, what is formally wrong might be justified materially and its substances are quite fair (there is a tolerance toward procedural violations as long as it does not violate the substances of justice). In other words, the substantive justice in law enforcement can ignore the law that does not give the sense of justice, yet oriented to the formal procedural law that gives the sense of justice and guarantees certitude. Based on some case verdicts related to the real legal metrology, the writer acknowledged that the aspired substantial justice is not accomplished. Moreover, the unaccomplished substantial justice caused a wide loss for the public, in this case, are the consumers. Through this research, the writer aims to give a knowledge contributed to the government as the implementer of legal Metrology law, to revise the law in order to establish the substantial justice and to give knowledge toward the public that acts as the consumers or businessmen in Indonesia to be obedient and implement what is mandated by the Legal Metrology Law. The research method applied in this research is a juridical-normative method, conducted qualitatively and quantitative. The overall research and writing are basically related to two main aspects, which are the legal establishment and legal implementation to actualize the legal and justice certitude in the field of Legal Metrology.
Authors and Affiliations
Soeharsono .
Keywords
Related Articles
- EP ID EP442082
- DOI 10.9790/0837-2401045263.
- Views 39
- Downloads 0
Adultery in the Perspective of Islamic Law and the Criminal Law Legislation a Comparative Study
The purpose of this research is to know and analyze the provision of adultery crime according to Islamic Law and Podana Law Kitana and to know and analyze the sanction that threatened to perpetrator of adultery crime acc...
Urban Sustainability: Issues and Alternatives in Water, Sanitation, SWM
Urbanization in India is growing very fast but in our urban areas we are facing very serious problem like urban water supply and sanitation, disposal of Solid waste is also a related problem. More than 90% of the urban p...
The Influence of The Constitution of The Second Republic Towards The Political Parties In Sri Lanka
Today, a dialogue has come up more than the earlier time on the social stability, economic situation endurance of culture and the religion of the country, depending on the political relationship. That condition should pr...
Legal Analysis Of Debtor Debt Realization Of Creditor Through Bankruptcy
The purpose of this study is as follows to study and analyze how the implementation of debt settlement debt law to creditors in commercial court of Makassar, and to know the factors that slow the process of debt settleme...
A Comparative Study of Anthropometric Variables and Physical Fitness Variables of Residential and non- residential Tribal Players of Bastar, Chhattisgarh, India .
A cross sectional study of the anthropometric variables and physical fitness variables was carried out on 782 boys and girls, aged 12+ to 17+ years from Tribal residential and non-residential school of Bastar dist of Chh...