scholarly journals Perlindungan Konsumen Jual Beli Properti Dalam Perspektif Fiqih Jual Beli

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Aulia Muthiah ◽  
Yogabakti Adipradana Setiawan
Keyword(s):  
Islamic Law ◽  
Family Members ◽  
Legal Protection ◽  
The Public ◽  
Difference Of Opinion ◽  
The Law ◽  
Fundamental Needs

Abstract: House is fundamental needs of every family, since house has a function as a shelter for all family members. Sometimes house is also a reflection of the owner’s economy, so they compete to show the best house.  This is an interesting opportunity for developers. They offer houses to the public, but the houses they offer are usually just a land without buildings. Consumers who want the house must order previously with the developers. The ordering process must include a down payment, as proof that the consumer wish for the house.Buy and sell will become quite an interesting conversation among fiqh experts. It is feared that it will harm consumers so that the fiqh of buying and selling thoroughly reviews the law of buying and selling like this. There is a difference of opinion among the scholars of the mazhab. Opinions from the Hanafi, Hanbali and Maliki mazhab of buying and selling houses between consumers and developers where the house does not exist at the time the contract is allowed. Contemporary scholars allow property transactions even though the goods used as objects of sale and purchase do not yet existProperty transactions in Indonesia do not have the majority of objects, so in this case Islamic law must provide protection. However, legal protection is not binding because it is only regulated in the kompilasi hukum syariah fiqh in the form of khiyar ru'yah. Abstrak: Rumah adalah kebutuhan dasar setiap keluarga, sebab rumah mempunyai fungsi sebagai tempat bernaung semua anggota keluarga. Terkadang rumah juga menjadi cerminan ekonomi penghuninya, sehingga mereka berlomba-lomba menampilkan rumah terbaik. Hal ini menjadi peluang yang cukup menarik oleh para developer. Mereka menawarkan rumah-rumah kepada masyarakat, namun rumah yang mereka tawarkan biasanya hanya berupa lahan kosong tanpa bangunan. Para konsumen yang menghendaki rumah tersebut harus terlebih dahulu memesan kepada para developer. Proses pemesanan harus menyertakan uang muka, sebagai bukti bahwa konsumen benar dipastikan menginginkan rumah tersebut.Jual beli dengan objek akan ada menjadi perbincangan yang cukup menarik dikalangan para ahli fiqih. Sebab dikhawatirkan akan merugikan konsumen sehinga fiqih jual beli mengulas tuntas tentang hukum jual beli seperti ini. Ada perbedaan pendapat dari kalangan ulama mazhab. Mazhab Syafi’i secara keras melarang transaksi demikian, sedangkan Pendapat dari mazhab Hanafi, Hanbali dan Maliki jual beli rumah antara konsumen dengan developer dimana rumah itu belum ada pada saat akad diperbolehkan. Mereka berpendapat hukum jual beli diperbolehkan sebab diketahui jenis dan sifatnya oleh konsumen.  Ulama-ulama kontemporer memperbolehkan transaksi properti walaupun barang yang dijadikan sebagai objek jual belinya belum ada.Transaksi properti di indonesia mayoritas objeknya belum ada, maka dalam hal ini hukum Islam harus memberikan perlindungan. Akan tetapi wujud perlindungan hukumnya tidak bersifat mengikat sebab hanya diatur di dalam Kompilasi Hukum Ekonomi Syariah dan ilmu fiqih dalam bentuk khiyar ru’yah

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals EKSEKUSI NAFKAH PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG

Ulumuddin ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 116
Author(s):  
Rendra Widyakso
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Public Order ◽  
Scholarly Journals ◽  
Financial Responsibility ◽  
The Public ◽  
Legal Studies ◽  
Preliminary Study ◽  
The Law

This article aims to answer to important questions in legal studies that how to implement the legal execution of earning the expenses caused by divorce based on Indonesian law? And, how do the perspective of Islamic legal schools deal with the execution? There are numbers of scholarly journals studying this specific issue. However, the preliminary study that specifically focuses on the Legal Verdict of the Religious Court of Malang No. 0957/Pdt.G/2014/PA.MLG is offered by this article. It finds that legally, the judge has authority to order the ex-husband to pay the expences of the divorce compensation (mut’ah), financial responsibility due to divorce (iddah) and financial claim (madiyah) and financial childcare (hadhanah) before the divorce pledge is pronounced. If the expences cannot be paid, the ex-wife has right to purpose the legal execution to the court. Due to the purpose the chief of justice is responsible for and has authority to remind the ex-husband (aanmaning) and doing the legal execution if he disrespectly avoided the court’s order. The concept of legal expenses due to divorce is ruled by the fiqh of Islamic legal schools, in spite of the fact that the details of execution remain no any explanation. This article argues that the execution has been done referring to the law. It purposes to fulfil justice, expediency and rule of law. Furthermore, these purposes are the beginning step in order to achieve the public order (mashlahah) and the higher objective of Islamic law (maqashid al-syari’ah).

scholarly journals Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo

2021 ◽  
Vol 14 (2) ◽  
pp. 135-159
Author(s):  
Shpresa Kaçiku Baljija ◽  
Agron Rustemi
Keyword(s):  
Financial Incentives ◽  
Civil Service ◽  
Family Members ◽  
International Standards ◽  
Primary Data ◽  
Security Measures ◽  
The Public ◽  
Physical Integrity ◽  
The Law ◽  
The Republic

Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.

scholarly journals POLITIK HUKUM PERUNDANG-UNDANGAN TERHADAP ANAK LUAR NIKAH

2021 ◽  
Vol 1 (2) ◽  
pp. 114-126
Author(s):  
Muammar Rachman
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Legal Protection ◽  
Research Problem ◽  
Research Approach ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Marriage Law ◽  
The Public ◽  
The Status

The formation of the 1974 Marriage Law is based on Islamic Law, which became a problem when the Constitutional Court gave a decision on the judicial review of the Marriage Law with a decision that was considered by the public that the decision was against Islamic law. The research problem in this article is, How is the Politics of Law in the Reform of Legislation in the Post-Constitutional Court Ruling on Marriage related to the status of children outside of marriage? Does the Constitutional Court Decision No 46 / PUU-VII / 2010 contradict Islamic law?The research approach used in this research is normative juridical. The results of the study indicate that children who are born must receive legal protection. If this is not the case, then the children who are born outside of marriage will suffer losses. The relationship between the child and the father does not only occur because of a legal marriage, but can also be based on evidence of a blood relationship between the child and the boy as the father. This is because birth is a legal result of a legal relationship in which there are reciprocal rights and obligations between the child, mother and father. This decision refers, because there is a relationship that is carried out without any legal conditions for marriage, both religiously and in a state, so that it does not cause harm which implies a child who has not done anything wrong. In conclusion, the Constitutional Court granted the renewal of the norm in article 43 of the Marriage Law No. 1 of 1974, which is to provide constitutional rights for children born out of wedlock whether born from a legally valid marriage or not. The decision of the Constitutional Court related to the addition of article 43 paragraph (1) of this marriage law is still in the spirit of Islam as the struggle of Muslims to be able to apply their religious values in this law is not only legally religiously or nationally. Abstrak Pembentukan Undang-Undang (UU) Perkawinan Tahun 1974 berdasarkan Hukum Islam, menjadi permasalahan saat Mahkamah Konstitusi (MK) memutuskan judicial review atas UU perkawinan, bagi masyarakat bertentangan dengan hukum Islam. Permasalahan penelitian ini,  Bagaimana Politik Hukum dalam Pembaharuan Peraturan Perundang-Undangan dalam UU Perkawinan Pasca Putusan MK terkait dengan status anak diluar nikah? Apakah Putusan MK No 46/PUU-VII/2010 bertentangan dengan hukum Islam? Pendekatan penelitian ini yuridis normatif. Hasil penelitian menguraikan, anak yang lahir harus mendapat perlindungan hukum. Jika tidak, yang dirugikan adalah anak yang dilahirkan diluar perkawinan. hubungan anak dengan bapak tidak semata-mata terjadi karena adanya sebuah perkawinan yang sah, tapi berdasar pembuktian adanya hubungan darah antara anak dan laki-laki sebagai bapak. Hal ini karena kelahiran adalah akibat hukum dari hubungan hukum yang terdapat hak dan kewajiban secara timbal balik. Putusan ini mengacu, sebab adanya hubungan yang dilakukan tanpa adanya syarat pernikahan yang sah, baik secara agamadan negara, sehingga tidak menimbulkan kerugian yang berimplikasi pada anak yang tidak melakukan kesalahan. Pembaharuan norma dalam pasal 43 UU  Perkawinan No. 1 Tahun 1974, memberikan hak konstitusional  anak yang dilahirkan di luar nikah baik yang lahir dari pernikahan yang sah secara agama atau tidak. Putusan MK terkait penambahan pasal 43 ayat (1) UU perkawinan masih bernafaskan Islam sesuai perjuangan ummat Islam untuk dapat menjalankan nilai-nilai agamanya dalam UU ini hannya tidak sah secara agama  dan Negara.

scholarly journals What Role for the Law in Regulating Older People’s Property and Financial Arrangements with Adult Children? The Case of Family Accommodation Arrangements

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Teresa Somes ◽  
Eileen Webb
Keyword(s):  
Older People ◽  
Adult Children ◽  
Family Members ◽  
Legal Protection ◽  
Older Person ◽  
Family Accommodation ◽  
Legal Position ◽  
The Law ◽  
Financial Arrangements

To some older people, the prospect of moving in with family to be ‘cared for’ as they age has considerable appeal. For example, an older person may choose to sell his or her home, invest the money in a child’s property through the construction of a ‘granny-flat’ or extension and live in that property. If such arrangements are successful, the older person is likely to enjoy the companionship and support of family as he or she grows older. Unfortunately, the legal position of the older person if ‘something goes wrong’ is precarious. In the absence of a legislation addressing family accommodation or ‘assets for care’ arrangements written agreement, the older person must navigate the vagaries of several complex areas of law, particularly constructive trusts and estoppel, and endure the stress of proceeding against family members. This article discusses the shortcomings in the existing legal regimen and makes recommendations to provide legal protection for older people entering into such arrangements.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

scholarly journals Kontroversi Hukum Rokok dalam Kitab Irsyād Al-Ikhwān Karya Syekh Ihsan Muhammad Dahlan

2017 ◽  
Vol 17 (2) ◽  
pp. 189
Author(s):  
R. Aris Hidayat
Keyword(s):  
Boarding Schools ◽  
Health Organizations ◽  
The Public ◽  
Clergy Health ◽  
Difference Of Opinion ◽  
Legal Position ◽  
The Law ◽  
The Government

<p>Fatwa MUI on illicit nature of cigarettes, sparking a debate in the public. Polemics involving the government, tobacco companies, tobacco farmers, cigarette consumers, clergy, health organizations and other community elements. Polemic about the law of cigarettes, according to the search on the manuscript, actually has been going on long before the fatwa MUI. It can be seen on a manuscript entitled Irsyad Al-Ikhwan, work of Sheikh Ihsan Muhammad Dahlan of Boarding Schools (Pondok Pesantren) Jampes Kediri East Java. According to Sheikh Ihsan, the legal position of smoking is found only opinions / ijtihad of the scholars alone, that would be deviation (there is a difference of opinion). Smoking is not a single legal position, some have argued haram, halal, permissible, and even beneficial makruh. It happens because there is a precondition in the case of smoking.</p><p>---</p><p><br />Fatwa MUI tentang sifat bahaya rokok, memicu perdebatan di masyarakat, yaitu polemik yang melibatkan pemerintah, perusahaan tembakau, petani tembakau, konsumen rokok, kyai atau tokoh agama, organisasi kesehatan dan elemen masyarakat lainnya. Polemik tentang hukum rokok, menurut hasil pencarian naskahnya, sebenarnya sudah terjadi jauh sebelum fatwa MUI dikeluarkan. Hal itu bisa dilihat pada manuskrip yang berjudul Irsyad Al-Ikhwan, karya Sheikh Ihsan Muhammad Dahlan dari Pondok Pesantren Jampes Kediri Jawa Timur. Menurut Sheikh Ihsan, posisi hukum merokok hanya merupakan opini / ijtihad para ulama saja, sehingga menimbulkan perbedaan pendapat. Posisi hukum merokok tidaklah tunggal, ada yang berpendapat haram, halal, diperbolehkan, dan bahkan makruh. Itu terjadi karena ada prasyarat dalam kasus merokok.</p><p> </p>

scholarly journals Perlindungan Hukum Terhadap Intervensi Pemberitaan dalam Kerangka Kemerdekaan Pers Nasional

2019 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Fuqoha Fuqoha ◽  
Indrianti Azhar Firdausi ◽  
Arga Eka Sanjaya
Keyword(s):  
Qualitative Study ◽  
Code Of Ethics ◽  
Legal Protection ◽  
The Public ◽  
The Press ◽  
The World ◽  
A Priority ◽  
The Law ◽  
Journalistic Ethics ◽  
Descriptive Qualitative

Law protection for journalists has been guaranteed through legislation as outlined in law number 40 of 1999 concerning the press. Through the press law, the independence of the national press is a priority as a form of protection in the world of the press. In order to safeguard the independence of the national press, an independent body was formed which took care of and supervised the national press, the press council. Among the duties and functions of the press council is to enforce journalistic ethics through a journalistic code of ethics as a guide for journalists both journalists and press companies. The dynamics that occur, violations of the journalistic code of ethics sometimes create clashes with the public or the community who feel disadvantaged which results in conflict with the law. This research is a descriptive qualitative study with a normative juridical approach. From the analysis of this study shows that legal protection against violations of the journalistic code of ethics and the independence of the national press is adjusted to the main laws of the press against the intervention of parties who feel disadvantaged. The independence of the national press is directed at independence and without intervention in a story.

scholarly journals IN SEARCH OF THE SUBJECTIVE PUBLIC LAW: CONDITIONS FOR PARTICIPATION IN THE ADMINISTRATIVE PROCEDURE

2019 ◽  
pp. 5-14
Author(s):  
Peter Chvosta
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
The Public ◽  
Legal Provisions ◽  
Public Rights ◽  
Administrative Act ◽  
The Law ◽  
Administrative Jurisdiction ◽  
The Individual ◽  
Public Right

Purpose. The article is devoted to the legal figure of subjective public right in the context of legal protection in administrative matters. Methods. Based on the historical development of administrative jurisdiction in Austria and Germany in the 19th century, the function of the subjective public right is discussed in more detail: When the legislator grants citizens subjective public rights (and thus enforceable claims against the administration), the citizen can assert his or her individual interests before the courts by means of a right of defence against the state. At the same time, this results in an external legal control of the administration (compared to a mere internal administrative control by way of disciplinary measures) and thus promotes the rule of law of administrative action, which is in the public interest. Results. By pursuing his subjective public right, the citizen acting in his own interest indirectly contributes to the correct enforcement of the law. In a sense, he acts as an assistant to the public interest. The granting of a subjective public right also limits the group of persons who can take action against an administrative act, since otherwise anyone could challenge an administrative act. If the legislator has not expressly stipulated in the law which persons are entitled to a subjective public right in which respect, the determination of subjective public rights can be difficult in individual cases: When the law provides for a permit subject to certain conditions, the addressee of an administrative act is necessarily entitled to obtain a permit if the conditions required by law are met. The question is more complex in the case of persons who are not the addressee of an administrative act but who are affected by its effects. In this case, it must be determined by way of interpretation whether the legal provisions whose violation the citizen claims to have violated were passed not only to protect public interests but also, at least, in the interests of individual persons. Only then is there also a subjective public right of the individual to compliance with this provision. Conclusions. The legislator can avoid difficulties of interpretation by means of clear rules on the granting of subjective public rights. In particularly important administrative matters (e.g. approval of infrastructure projects), where the granting of subjective public rights is not sufficient to ensure judicial control of administrative acts, a larger group of persons can be granted party status.

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