scholarly journals Pengembalian Kredit dalam Hal Meninggalnya Debitur pada Lembaga Perkreditan Desa (LPD) Buduk, Mengwi Kabupaten Badung

2021 ◽  
Vol 2 (2) ◽  
pp. 424-428
Author(s):  
Ida Ayu Gede Putri Satrianingsih ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

Village Credit Institution is a financial institution located in the Pakraman village which was established based on regional regulations and local awig-awig. In credit repayment, there are some factors that cause credit cannot be returned by the debtor, one of which is when the debtor dies. The problems examined in this study are the factors that cause the debtor to be unable to return credit to the Buduk Village LPD, and how to return credit to the Buduk Village LPD in the event the debtor dies. The type of research used is the empirical legal research with sociological approach and the fact approach. The results illustrate that the factors that cause the debtor to be unable to return credit to the Buduk LPD are bankruptcy of the business, the debtor's payment ability, the debtor's health, the debtor's death. Then, the procedure of credit refund at the Buduk LPD, namely the amount of the loan or principal will be subject to loan rate from the principal amount paid by the debtor, if the debtor dies, the credit return is delegated to the heirs by submitting a death certificate first.

2018 ◽  
Vol 2 (2) ◽  
pp. 115
Author(s):  
Luh Putu Yeyen Karista Putri ◽  
Eric Gordon Withnall

A Lembaga Perkreditan Desa (Village Credit Institution or LPD) is a type of financial institution that is associated with a Balinese customary village. LPDs face competing pressures to both maintain their traditional character and align themselves with national standards for financial management. This article establishes the hybrid legal character of LPDs (under Balinese customary law and Indonesian national law) in order to analyse their evident shortcomings, being the vulnerability of some monitoring and protection systems to misappropriation. We rely on normative legal research methods, including statutory analysis and analysis of case studies. We examine the LPD Regulations and Balinese customary law, supplemented by interviews on issues of relevance. We conclude that the recognition of LPDs under the law, given the fundamental basis of the LPD in the customary village, ought to be given primacy to their status under Balinese customary law. However, the monitoring and protection systems of LPDs must be improved and uniform standards must be enforced – otherwise, their customers will simply use other financial institutions. We also conclude that it is possible to improve management practices while respecting the autonomy of customary villages. Therefore, we assert that properly implemented measures will make a direct intervention from government unnecessary.


Author(s):  
Marlisa Elpira ◽  
Marli Candra

The existence of a sektoral supervisory system in the financial service sektors may lead to disagreements in solving financial problems, which resulting in inefficiency of the supervision. The ideal Islamic financial institution Supervision system is not only in the operational institution aspect, but also includes oversight of compliance to apply the Islamic Principles in all of financial activities, which should be an integral part of the Financial Services Authority (OJK). By using the normative legal research with secondary data were analyzed qualitatively, the author conclude that the position of DSN-MUI as an separated institution from the OJK have some weaknesses: disagreement between the agency authority to DSN-MUI in understanding Islamic financial problems, there are some fatwas can not be absorbed in legislations language, the violations of Islamic principles, DPS are being bound to the bank because of salary, and the not-binding DSN-MUI fatwas to Islamic Banks directly.  Therefor, the presence of OJK as an institution Financial services authority must be equipped with a compotent shariah supervisory structure. Key Words: sektoral supervisory system; Islamic principles; the financial services authority.   Abstrak: Adanya sistem pengawasan sektoral di sektor jasa keuangan dapat menyebabkan ketidaksepahaman dalam memecahkan masalah keuangan yang terjadi, yang berakibat kepada ketidakefisienan pengawasan tersebut. Sistem pengawasan lembaga keuangan syariah yang ideal adalah mengawasi kegiatan operasional lembaga keuangan secara umum sekaligus mengawasi kepatuhan menerapkan prinsip Syariah dalam kegiatan tersebut, di mana keduanya harus menjadi satu kesatuan yang tidak terpisahkan dalam otoritas jasa keuangan yang Islami. Dengan menggunakan metode penelitian hukum normatif yang menggunakan data sekunder yang dianalisis secara kualitatif, penulis menyimpulkan bahwa kedudukan DSN-MUI sebagai lembaga yang terlepas dari lembaga otoritas di sektor jasa keuangan memiliki beberapa kelemahan: ketidaksepahaman antara lembaga otoritas dengan DSN dalam memahami masalah di sektor jasa keuangan syariah, terdapat fatwa yang tidak dapat diserap dalam bahasa peraturan perundang-undangan, adanya pelanggaran prinsip syariah, terikatnya DPS dengan bank yang diawasi dengan adanya biaya transportasi yang menjadi beban bank syariah terkait, serta tidak mengikatnya fatwa DSN secara langsung terhadap bank-bank syariah. Oleh karena itu, kehadiran OJK sebagai lembaga otoritas jasa keuangan harus dilengkapi dengan struktur pengawasan syariah yang kompeten.


2021 ◽  
Vol 2 (1) ◽  
pp. 142-146
Author(s):  
Made Ipunk Dwi Kusuma ◽  
Nyoman Putu Budiartha ◽  
Diah Gayatri Sudibya

The purpose of this research is to explain the authority of LPD financial management in Badung Regency, after the enactment of the Badung Regency Regulation No. 29/2013 and to find out the direction of the utilization of LPD coaching funds in Badung Regency. This research used normative legal research, with a statutory approach that specifically regulates the financial management authority of the LPD after the enactment of the Badung Regency Regulation number 29 of 2013. The data sources used were primary and secondary legal materials. The data were analyzed using descriptive qualitative method, namely the presentation by describing in detail certain aspects related to the problem being researched. The results showed that the authority to regulate the implementation of village credit institution activities in Badung Regency is still handled by the Provincial government because so far the Province has never handed over or delegated this authority to Badung Regency. Second, the utilization of village credit institution development funds is to provide guidance to LPDs in Bali and to improve the performance and quality of LPD management human resources.


2020 ◽  
Vol 1 (2) ◽  
pp. 169-174
Author(s):  
I Wayan Sastrawan, Ida Ayu Putu Widyati ◽  
Ida Ayu Putu Widyati ◽  
Ni Made Puspasutari Ujianti

The community in Bali is greatly aided by the credit facilities with the existence of the Village Credit Institution (LPD). The institution is the lifeblood of the village’s economy. Looking through the importance of the LPD’s function, it is necessary to have a special institution having the power of empowering the LPD, so the Village Credit Institution Empowering Agency (LPLPD) is established. This study examines the role of the LPLPD in settling bad credit as well as the procedures for settling the bad credit at the LPD. This issue is examined by the normative legal research method. In empowering the LPD, the LPLPD performs its duties through technical strengthening related to administration and bookkeeping, checking, upgrading, LPD security budget management, LPD supply guarantee budget management, LPD liquidity support budget management, and control of LPD problems. LPLPD also seeks to prevent the risk of bad credit arising in the LPD through coaching that has been planned and scheduled in each district. LPLPD takes preventive or initial preventive action with technical guidance such as administrative guidance, bookkeeping including credit guidance. LPLPD does not participate in direct credit problem solving. On the other hand, these institutions provide solutions to LPD administrators to analyse the problem whether the credit process is due to the fault of the process or because the customer is not able to make payment. If the technical or the credit process that is wrong, it is the responsibility of the manager; however, if the process is correct but the customer causes a problem, the process must go through billing in accordance with the credit agreement. If there is already bad credit, the steps that must be taken are billing, restoration and if these are unhelpful then ultimately an credit guarantee auction is carried out.


2020 ◽  
Vol 2 (2) ◽  
pp. 90-97
Author(s):  
Indah Purbasari ◽  
Takbir Wahyudi

This research aims to clarify the practice of sale and purchase agreement of pregnant livestock in Market livestock Nganjuk Regency based on the Islamic law perspective. The central issue of this research concerns the exsistence of an additional payment after delivery.  This research used the normative legal research method, with a statutory approach and supported by an analytical qualitative research approach. This study found that the practice of sale is unlawful regarding to Islamic law because of uncertainty in the consented price and forbidden object in syariah namely livestock in the womb. However, this transaction has not accomodated yet in Indonesian laws eventhough there is possibility of dispute among parties. Therefore, this research recommends that the statutes in the field of Islamic commercial law enables to cover the common transaction in society and not limited for Islamic financial institution in order to give protection due to shari’ah.


2020 ◽  
Vol 10 (9) ◽  
pp. 1894-1905
Author(s):  
I.V. Logvinova ◽  
◽  
A.V. Zhigunova ◽  

This article discusses the problems of minimizing threats to information security in the banking sector and identifies possible means to facilitate this process. By attracting funds and lending to clients on a commercial basis, banks are significantly expanding on an ongoing basis the network of services in the domestic financial and credit sector, have had a noticeable impact on the country’s economy. Simultaneously with the emergence of commercial banks, a number of problems arose that did not exist before, the main one of which is the need to ensure the safety of banks from criminal encroachments, first of all, informational. The problem of security for a commercial bank is relevant not only for the owners and shareholders of the bank, but also for employees and clients of the bank. Problems arising in the banking sector can negatively affect the general population and the situation in the state, therefore, it is necessary to approach the solution of this problem from a strategic position. The development of modern technologies in the banking sector expose banks to completely new and more dangerous threats. In order to prevent and repel threats to the bank’s security, any financial institution is forced to constantly deal with the problem of ensuring its own security. It should be noted that the provision of banking services is inextricably linked with the use of funds and financial products with various functions and qualities. Moreover, a credit institution is a product of a complex of financial services, both for passive and active tasks, and the main task of any bank is to offer customers a whole range of products that fully meet their needs.


2020 ◽  
Vol 1 (2) ◽  
pp. 142-147
Author(s):  
Ni Komang Tri Intan Suaristiwayani ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya

For Balinese indigenous people, a woman returning to her parents’ home due to divorce has the status of mulih daha. With this status, a woman will have swadharma (obligations) and swadikara (rights) just like before the marriage took place in their respective homes. Several women who have experienced a mulih daha case have visited Banjar Munggu to regain their rights and carry out their obligations. This study examines the procedure for the return of a Balinese woman with the status of mulih daha and their customary position in Banjar Munggu Mengwi Badung. To achieve this goal, this research was conducted using an empirical legal research method with a sociological approach to law. Data were collected through selecting and summarising the data obtained from applicable legal provisions into relevant data with the object of the study. The results reveal that a woman with mulih daha status as a result of divorce does not have the right to inherit from her husband’s assets and / or that of their parents’, except from joint assets in inheritance. In Banjar Munggu Mengwi, the inheritance provisions for women with mulih daha status are clearly stipulated in the Awig-Awig of Banjar Adat, stipulating that every woman with the status of mulih daha is prohibited from joining in the village organisation.


2020 ◽  
Vol 8 (2) ◽  
pp. 77
Author(s):  
Baitur Rohman ◽  
Lomba Sultan ◽  
Marilang Marilang ◽  
Hamzah Hasan

This paper elaborated on the Substance of the Prohibition of Alcoholic Beverages in the Provincial Regulation of Papua Number 15 of 2013 concerning the Prohibition of the Production, Distribution, and Sales of Alcoholic Beverages in the Manifestation of Maqasid al-Shari’a in Papua. This type of research was qualitative empirical legal research with a normative theological approach, statute approach, and sociological approach. The results showed that the substance of the prohibition of alcoholic beverages in the Provincial Regulation of Papua Number 15/2013 which totally prohibited the production, distribution, sales, and consumption of alcoholic beverages was legally contrary to Presidential Decree Number 74 of 2013. Based on the principle of “Lex Superiori Derogad Lege Inferiori”, the Provincial Regulation of Papua Number 15 of 2013 could be ruled out by the Presidential Decree Number 74 of 2013. Therefore, the Ministry of Home Affairs canceled the Provincial Regulation Number 15 of 2013 because it violated the principle of the hierarchy of laws and regulations. Based on the perspective of maqasid al-shari’a, the regulation of alcoholic beverages in the Provincial Regulation of Papua was a necessity of daruriyyat. Thus, everything to make it happen was also daruriyyat.


2019 ◽  
Vol 6 (2) ◽  
pp. 161
Author(s):  
Vani Wirawan

<h1>The writing of this law aims to review and analyze the orderly administration of land to the Sultanate Land (SG) and the Duchy Land (PAG) after the enactment of the Yogyakarta Special Region Law, and the current pattern of management and utilization of the Sultanate and Duchy Land based on regional land policies in the context of creating welfare Public. The legal research writing method used is normative legal research using the law approach and sociological approach. The results of the study can be summarized as follows: First, that the results have occurred TSM Land Administration in Discipline and sustainability is seen from the number of Sultan Ground (SG) and Pakualaman Ground (PAG) that have been issued as many as 3,766 certificates from a total of 13,944 fields spread throughout the DIY Region. Second, the current pattern of management and utilization of the Sultanate of Land (SG) in DIY is legally formally managed by Panitikismo as a manifestation of the container / body that deals with, manages, and utilizes SG Ngayogyakarta Sultanate, based on Law Number 3 of 1950 concerning the Establishment of DIY and emphasized by DIY Perdais Number 1 of 2017 concerning Management and Utilization of Sultanate Land and Duchy Land. For the Duchy Land (PAG) management, control and utilization must obtain permission from the Pakualaman Duchy.</h1>


Author(s):  
I Komang Gede ◽  
Ida Aju Brahmasari ◽  
I Dewa Ketut Raka Ardiana

This study aims to prove and analyze the effect of transformational leadership, empowerment, work ethic on job enrichment and employee performance. The object and location of this research is the Village Credit Institution (LPD) as a financial institution owned by Pakraman Village in 9 districts/cities in Bali. The sampling technique is based on the proportionate random sampling method, which is taking samples from each LPD area of ??the Traditional Village randomly and proportionally, because the population members are homogeneous. The size of the sample is 300 people. Based on the results of the analysis and hypothesis testing that have been carried out, the results of this study indicate that of the 7 hypotheses proposed, all of them are proven true or supported by empirical facts, which predict a significant direct effect between transformational leadership factors, empowerment, work ethic and employee performance.


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