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
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- EP ID EP442082
- DOI 10.9790/0837-2401045263.
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