scholarly journals PEMBEBANAN JAMINAN ATAS BENDA BENDA TIDAK BERGERAK DALAM KONTRAK PEMBIAYAAN MUDHARABAHPERSPEKTIF UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN

JURISDICTIE ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 139
Author(s):  
Muhammad Yadi Harahap
Keyword(s):  
Research Method ◽  
Legal Regulation ◽  
Capital Owner ◽  
Regulation Approach

<p>The imposition of collateral for immovable objects, especially land in mudharabah financing contracts, is preceded by making a guarantee contract to the capital owners. The purpose is to fulfil the implementation of obligation payment, even though there must not be collateral in mudharabah financing contract. Therefore, the guarantee of liability means that the collateral at any time can be confiscated and sold by the capital owner to repay the obligation. This study aims to find a comprehensive solution about how and what is the purpose of imposing collateral for immovable objects which are originally not part of mudharabah financing contracts principles. Empirical juridical research method is employed where law is not only considered as law in books but also in action with legal regulation approach, namely the 1996 Law Number 4 concerning Mortgage Rights. The results indicate that the collateral imposition for immovable objects in mudharabah financing contract refers to the aforementioned law concerning mortgage rights which aims at applying the precautionary and risk principles based on the 2008 Law Number 21 concerning Sharia Banking.</p><p>Pembebanan jaminan atas benda-benda tidak bergerak khususnya tanah dalam kontrak pembiayaan mudharabahlebih dahulu dilakukan kontrak pemberian jaminan kepada pemilik modal dengan tujuan untuk pemenuhanpelaksanaan pembayaran kewajiban, sekalipun pada prinsipnya dalam kontrak pembiayaan mudharabah tidak dibenarkan ada jaminan.Untuk itu pembebanan jaminan hak tanggungan dengan sendirinya telah meletakkan kebendaannya di mana setiap saat dapat disita dan dijual oleh pemilik modal untuk mengembalikan pelunasan kewajiban dalam kontrak pembiayaan mudharabah.Penelitian ini bertujuan untuk mencari solusi secara komprehensif tentang bagaimana dan apa tujuan dilakukan pembebanan jaminan atas benda tidak bergerak dalam kontrak pembiayaan mudharabahyang pada prinsipnya tidak dibenarkan. Untuk menjawab pertanyaan penelitian tersebut metode yang digunakan adalah metode penelitian yuridis empiris di mana hukum tidak hanya dilihat sebagai law in books tetapi juga law in action dengan pendekatan peraturan perundang-undangan yaitu UU No. 4 Tahun 1996 Tentang Hak Tanggungan. Hasil penelitian menunjukkan bahwa pembebanan jaminan atas benda-benda tidak bergerak dalam kontrak pembiayaan mudharabah mengacu kepada UU No. 4 Tahun 1996 tentang hak tanggungan, dengan tujuan untuk menerapkan prinsip kehati-hatian dan prinsip risiko sesuai dengan amanat Undang-undang No. 21 Tahun 2008 Tentang Perbankan Syariah.</p>

scholarly journals LEGAL REGULATION ABOUT THE USE OF HALAL LABEL TO PROVIDE MUSLIM CONSUMERS PROTECTION

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Edy Supaino ◽  
Martin Roestamy
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
Research Method ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Legal Regulation ◽  
Food Technology ◽  
Dispute Settlements ◽  
Settlement Of Disputes

Perpetrators of the restaurant business should provide protection to consumers of food that will be consumed, the more this problem becomes a very important problem in the midst of rapid food technology, that is food business actors are not transparent with Muslim consumers. The identification of this research includes: (1) how the use of halal labels by industry and restaurants;, (2) legal protection for Muslim consumers against halal labeled foods, legal efforts against the misuse of halal labels (3). The research method used in this research is the normative juridical approach. The results of this research are: (1) Implementation of halal label with the process of obtaining halal certification for restaurant done by restaurant x has been in accordance with the requirements of halal certification HAS 23000 from LPPOM-MUI.; (2) Provisions of halal products have been regulated in the legislation between other laws concerning: consumer, food, assurance of halal products. The provisions of the regulation are manifestations of universal Islamic legal values that must be supported by their execution; (3) There are 2 (two) dispute settlements that can be taken by the consumer, namely the first settlement of disputes outside the court that is with conciliation, mediation, and arbitration, through the Agency of Consumer Dispute Settlement Agency and both dispute settlement in court.Keywords: Rule of Law, Halal Label, Consumer Protection for Muslims

scholarly journals Prinsip Pengadaan Tanah Bagi Kepentingan Umum

2018 ◽  
Vol 1 (3) ◽  
pp. 259-267
Author(s):  
Agung Basuki Prasetyo
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Land Acquisition ◽  
Legal Research ◽  
Legal Norms ◽  
The Public ◽  
Regulation Approach

Abstract This study aims to find out how the principle of land acquisition for the public interest. The principle is only sought based on the legal norms that apply in Indonesia. This research is a normative legal research based on a legal regulation approach. the results of the study show that the principle of land acquisition for the public interest must meet the provisions of Law No. 2 of 2012 concerning Land Procurement for Development in the Public Interest. Keywords: Land Procurement, Public Interest, Land AbstrakPenelitian ini bertujuan untuk mengetahui bagaimanakah prinsip pengadaan tanah bagi kepentingan umum. Prinsip tersebut hanya dicari berdasarkan pada norma hukum yang berlaku di Indonesia. Penelitian ini merupakan penelitian hukum normatif yang berdasarkan pendekatan peraturan perundang-undangan. Hasil penelitian menunjukan bahwa prinsip pengadaan tanah bagi kepentingan umum harus memenuhi sebagaimana ketentuan Undang-Undang No. 2 Tahun 2012 Tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum. Kata Kunci: Pengadaan Tanah, Kepentingan Umum, Pertanahan

scholarly journals Keabsahan Hasil Cetak Screenshot Sebagai Alat Bukti dalam Pemeriksaan Perkara Perdata

2021 ◽  
Vol 2 (2) ◽  
pp. 401-405
Author(s):  
I Gede P Astika Juniartha ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Information Technology ◽  
Research Method ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Research ◽  
Civil Case ◽  
Civil Court ◽  
Transaction Models ◽  
Technological Advances ◽  
Court Proceedings

The development of computer, telecommunication and information technology has proceeded in such a way that is now has a very big difference from 10 years ago. Trade and industrial business have given rise to new transaction models due to advantages of technological advances. In today's digital age computers, telecommunications, and information are developing very rapidly, making the use of this technology encouraging proof of screenshots to be one of the evidence used in court. This study aims to determine the legal regulation of printed evidence (screenshots) in civil court proceedings, and to determine the strength of the printed evidence (screenshots) in proving civil cases. The research method used is normative legal research with a statutory approach related to this research. The results show that the legal regulation of screenshot evidence can be seen in Law No. 19 of 2016 and Article 1866 of the Criminal Code which is usually used in civil case trials. Then, the strength of the screenshot evidence has the power of proof that is binding for the judge and the parties concerned. So, it can be concluded that screenshot evidence can be used in civil case cross-examination because it is in the same position as other evidence and can be used legally, and this screenshot evidence is binding both for judges and for other parties who wish to use it.

scholarly journals Pertanggung Jawaban Pidana Karyawan Korporasi Dalam Tindak Pidana Lingkungan Hidup (Studi Putusan No. 133/Pid.B/2013/PN. MBO)

2020 ◽  
Vol 2 (2) ◽  
pp. 119-131
Author(s):  
Andika Try Anantama ◽  
Zaini Munawir ◽  
Rafiqi Rafiqi
Keyword(s):  
Environmental Protection ◽  
Research Method ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Environmental Crime ◽  
Legal Entity ◽  
Surrounding Environment ◽  
Mitigating Circumstances ◽  
Environmental Crimes

Environmental Crimes committed by a person or corporate legal entity often occur around the environment where we live without us knowing it, especially in an environment full of companies that can damage the surrounding environment. The research method used in this study is juridical normative and descriptive analytical nature of the study. The legal regulation on environmental crime, especially regarding forest and land burning is regulated in Article 187 of the Criminal Code, Article 78 paragraph (3) of Law Number 41 of 1999 concerning Forestry, Article 69, Article 108 and Article 119 of Law Number 32 of 2009 Regarding Environmental Protection and Management, Article 48 of Law Number 18 Year 2004 Plantations. Criminal liability of corporate offenders in imprisonment for 3 (three) years and a fine of Rp. 3,000,000,000 (three billion rupiah), Determine if the fine is not paid replaced with imprisonment for 5 (five) months. Judge's consideration in this decision, that the Defendant violated Article 108 in conjunction with Article 69 paragraph (1) letter (h) jo Article 116 paragraph (1) letter (b) of Law Number 32 of 2009 concerning Environmental Protection and Management and jo Article 64 paragraph (1) of the Criminal Code has several considerations, namely incriminating circumstances and mitigating circumstances.

scholarly journals Legal Mismatch on Illegal Sand Mining in Indonesia: an Example in Sleman, Indonesia

Rechtsidee ◽  
2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Paramitha Susanti Putri ◽  
Trisno Raharjo
Keyword(s):  
Legal Regulation ◽  
Environmental Damage ◽  
Mining Activities ◽  
Sand Mining ◽  
Environment Agency ◽  
Regional Budgets ◽  
Regulation Approach

The purpose of this study was to determine the implementation of regulations on illegal sand mining activities in Sleman Regency. The approach used is a legal regulation approach. The results of the study found that the implementation of regulations in illegal sand mining activities in Sleman Regency had not been implemented properly. In fact there are many violations committed by miners in running their businesses, and many mining activities are carried out illegally without having a mining business permit. In addition, the obstacle faced in implementing the regulation is that the miners believe that the sand they take is a blessing due to the eruption of Mount Merapi, so they assume that they can mine in large quantities. In addition, there are limitations to regional budgets that often become obstacles in implementing reclamation as an act of restoring environmental damage carried out by the Environment Agency both at the provincial and district / city levels as well as the limited number of personnel and experts.

scholarly journals The Handling of the Pandemic Covid 19 in the Consciousness of the Legal Community in Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 55-61
Author(s):  
Yogi Yasa Wedha ◽  
Holy One Singadimedja ◽  
Edy Nurcahyo ◽  
Ahmad Rosidi ◽  
Sara Ida Magdalena Awi
Keyword(s):  
Social Change ◽  
Research Method ◽  
Social Engineering ◽  
Legal Regulation ◽  
Comparative Approach ◽  
Social Culture ◽  
Engineer Society ◽  
Historical Approach ◽  
The Public ◽  
The Law

  This study discusses the legal awareness of the people of Bali are influenced by local wisdom in the face of pendemi covid-19. The purpose of this study is to analyze the success of handling Covid-19 in Bali in conjunction with legal awareness/ social culture of the Balinese people. There are two issues to be discussed, first how the legal regulation of countermeasures and efforts to break the chain of plague Covid-19 in Bali. Second, whether the local genius and social culture that has been there and is inherent in the fabric of Balinese life is effectively help the success of the handling of the Covid-19 in Bali ?The Research method used is normative law research Method reviewing the written law from various aspects, the approach of legislation (statute approach), the historical approach (historical approach), and a conceptual approach (conseptual approuach) and comparative approach (comparative approach) with the writing of descriptive analytical. The results of the research show that the Law is used to direct it to the goal-the desired destination, and creates patterns of behavior of new/social change in line with one of the functions of law, namely the function of the law as a means of social change, or a means to engineer society (social engineering). Tri Hita Karana (THK) as a frame of local wisdom in Bali in the life of indigenous peoples has been attached is the local wisdom that are rooted from culture and the hindu religion be a guideline and reference by the public in Bali to act/ behave this affects the legal awareness of the public to remain obedient and loyal in lawless in the community.

scholarly journals REGULATION AND IMPLEMENTATION OF NATIONALITY PRINCIPLES FOR RAPE AND SEXUAL ASSAULT ABOARD

2021 ◽  
Vol 3 (01) ◽  
pp. 26-39
Author(s):  
Suta Ramadan ◽  
Intan Seftiniara ◽  
Muhammad Iqbal
Keyword(s):  
Sexual Assault ◽  
Sexual Behaviors ◽  
Research Method ◽  
Physical Violence ◽  
Legal Regulation ◽  
The State ◽  
Men And Women ◽  
Bilateral Agreements ◽  
Legal Problems ◽  
Unwanted Sexual Behavior

Sexual violence is an unwanted sexual behavior, such as a request to have sexual intercourse and other sexual behaviors by verbal and physical violence. The problem in this study is how is the legal regulation of rape and sexual assault in Indonesia? and How is the implementation of active national principles for rape and sexual assault crimes that occur abroad? The research method used in this research is normative research method, by examining legal problems using existing literature materials. This study will analyze the legal arrangements for perpetrators of rape and sexual assault crimes to the implementation of the principle of nationality for perpetrators of rape and sexual assaultcrimes that occur abroad. The conclusion in this study is that there needs to be an expansion in the Draft KUHP in regulating criminal acts of immorality, especially rapes committed similarly, both carried out by men and women and the application of the principle of personality both active and passive can be given by the state if the crime is related to the interests of the state, and the existence of bilateral agreements between the two countries so that legal diplomacy can run smoothly until it gets the best way out.

scholarly journals CONCRETIZATION OF LAW: LEGAL FORMS

2020 ◽  
Vol 24 (4) ◽  
pp. 864-880
Author(s):  
Xenia Dovgan
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Research Method ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Legal Research ◽  
Legal Forms ◽  
Fundamental Rights And Freedoms ◽  
Different Levels

Stability and quality of legislation is checked by time. The organic development of law and the elements of the legal system ensures the protection of the fundamental rights and freedoms of a human and a citizen. In the current living conditions, especially in the period of serious epidemiological upheavals, the effectiveness of the adopted legal acts acquires significant value. This is overwhelmingly important during the period of the legislation update. The effectiveness and unity of legal regulation allows to evaluate the framework legislation. We examine the legislative forms of concretization of the framework legislation at different levels of legal regulation. The research methodology is determined by its sources. The use of the formal legal research method allowed us to analyze legal acts within the system. One of the main mechanisms for implementing the framework legislation is concretization, which enhances balancing law-making, law implementation and law enforcement activities. Due to a certain degree of generalization and abstractness alongside with the direction of legal regulation, key messages, defined at the level of the framework act, are being detailed and concretized in the subordinate act. Considering technical and legal factors, we can trace certain uncertainty created by legislator as a means to regulate new social relations and specify them at a subsequent level of legal regulation, taking into account temporary, socio-economic, procedural, ideological and other criteria.

scholarly journals REGULATION AND DEVELOPMENT OF TERRITORIES IN LAND PROPERTIES - REGULATORY ASPECTS AND PROBLEMS

2020 ◽  
Vol 18 (Suppl.1) ◽  
pp. 485-490
Author(s):  
G. Velkovska
Keyword(s):  
Spatial Planning ◽  
Research Method ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Legal Process ◽  
Main Research ◽  
Regulatory Aspects ◽  
Normative Analysis ◽  
Development Plans

The regulation of territories inland properties is a specific technological and legal process, which is carried out through the tools of detailed spatial planning. The detailed development plans regulate streets, neighborhoods, and land properties for construction and for meeting other needs without construction of the respective land properties. The task of the settlement is to prepare the necessary conditions on the territory in order to make possible the realization of the construction itself. In this sense, it can be said that both processes are interrelated, but the leading and necessary role of the process of settlement of land in the land. The unifying moment in both processes is their legal regulation, which takes into account in detail the specifics of the specific territories and on this basis approves the specific parameters of the settlement and construction. The settlement of a land property determines its boundaries to a street, road or alley (face of the property) and to the neighboring land properties (side and to the bottom of the property). The settlement of each property also determines the type, manner, character, lines and value indicators of construction in the land property. The purpose of the article is to present and analyze some normative aspects and problems related to the regulation and construction of territories in land properties. The main research method used in the article is normative analysis. On the basis of the performed normative analysis some imperfections of the normative regulation are summarized and as a final result way for overcoming these imperfections are suggested in the conclusion. For the purposes of the analysis, opinions of authors working in this field were also used.

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