scholarly journals Fiduciary Dispute Settlement of Murabaha Contract in PT. Al-Ijarah Indonesia Finance

2019 ◽  
Vol 2 (2) ◽  
pp. 178-192
Author(s):  
Riska Wijayanti ◽  
Kartika Marella Vanni
Keyword(s):  
Financial Institutions ◽  
Dispute Settlement ◽  
Legal Liability ◽  
Third Parties ◽  
Legal Responsibility ◽  
Legal Research ◽  
Religious Courts ◽  
Black Color

This study examines the authority of dispute settlement body of a bad financing in murabaha contracts with a collateral of Daihatsu VVTI car 13 XI DLX Year 2011 midnight black color. According to DSN Fatwa Number 04/DSN-MUI/IV/2000 concerning Murabaha the placement of fiduciary on murabaha contract objects is indeed permissible, but it becomes ambiguous when murabaha objects which are used as collateral in the financing process that have not been repaid are lost, causing late installment payments. The customer argued that the late payment was due to the embezzlement of murabaha objects by third parties beyond the expectations or control of the customer. This study also examines the legal liability for late settlement of murabaha sale and purchase by customers due to the loss of murabaha objects which at the same time become collateral in murabaha financing contracts. This research is normative legal research with a legal approach and a case approach. This study concludes that Religious Courts have the authority to decide disputes that occur between customers (mushtari) and sharia financial institutions (ṣahib al-māl) for late repayment of murabaha financing. Based on the principle of accountability based on the element of error, the customer (mushtari) has legal responsibility for his actions. Errors made by customers (mushtari) are in the form of negligence.

scholarly journals The Liability of Internet Intermediaries

2016 ◽  
Author(s):  
Jaani Riordan
Keyword(s):  
Intellectual Property ◽  
Detailed Analysis ◽  
Case Law ◽  
Legal Liability ◽  
Third Parties ◽  
Legal Responsibility ◽  
Court Of Justice ◽  
Secondary Liability ◽  
Social Importance ◽  
Online Regulation

Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on liability, privacy, and online regulation.

scholarly journals JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE

2018 ◽  
Vol 3 (1) ◽  
pp. 43
Author(s):  
Nita Triana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Third Party ◽  
Second Step ◽  
Legal Research ◽  
Long Time ◽  
The Cost ◽  
Religious Courts

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research  and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution  of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator.  The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

scholarly journals Legal Liability For Losses Of Third Parties In The Agreement To Transfer Property Rights With An Absolute Power Of Attorney

2021 ◽  
Vol 21 (2) ◽  
Author(s):  
Finni Rahmawati
Keyword(s):  
Government Regulation ◽  
Legal Liability ◽  
Third Parties ◽  
Third Party ◽  
Legal Responsibility ◽  
Power Of Attorney ◽  
Transfer Property ◽  
Land Registration ◽  
Absolute Power ◽  
Notary Public

Abstract: An agreement to transfer title to land based on absolute power is prohibited by law. The prohibition of absolute power is regulated in Instruction of the Minister of Home Affairs number 14 of 1982 concerning the Prohibition of Using Absolute Power for Transfer of Rights to Land, and Government Regulation No. 24 of 1997 Article 39 paragraph (1) letter d concerning land registration. However, the reality is that there is still a land sale and purchase agreement using an absolute power of attorney, causing losses to other parties. The problem is how is the legal responsibility of the seller and the notary against the loss of a third party due to the use of absolute power of attorney in the agreement to transfer title to land. This study aims to determine the legal liability of the seller and the notary against the losses of third parties due to the use of absolute power of attorney in the agreement to transfer ownership of land rights. The method used in this study is a normative juridical method using a statuate approach and case approach. The Study found that the seller's responsibility was based on Article 1365 of the Civil Code, namely by providing compensation for the value of the sale value of the land minus the owner's debt without involving a third party with good faith. And the accountability of the notary is contained in Law Number 30 of 2014 Article 84 concerning the Position of Notary Public and Government Regulation Number 24 of 1997 Article 62 concerning Land Registration which explains the sanctions for notaries. In this case it relates to the loss of a third party in good faith.Keywords: Absolute Power, CompensationAbstrak: Perjanjian pengalihan hak milik atas tanah yang didasarkan pada kuasa mutlak merupakan sesuatu yang dilarang oleh hukum. Pelarangan kuasa mutlak diatur dalam Instruksi Menteri Dalam Negeri nomor 14 Tahun 1982 tentang Larangan Penggunaan Kuasa Mutlak Sebagai Pemindahan Hak Atas Tanah, dan Peraturan Pemerintah No. 24 Tahun 1997 Pasal 39 ayat (1) huruf d tentang pendaftaran tanah. Namun realitas yang terjadi masih terdapatnya suatu perjanjian jual beli tanah menggunakan surat kuasa mutlak sehingga menyebabkan kerugian bagi pihak lain. Permasalahannya adalah bagaimanakah pertanggungjawaban hukum pihak penjual dan notaris terhadap kerugian pihak ketiga akibat penggunaan surat kuasa mutlak dalam perjanjian pengalihan hak milik atas tanah. Penelitian ini bertujuan untuk mengetahui pertanggungjawaban hukum pihak penjual dan notaris terhadap kerugian pihak ketiga akibat penggunaan surat kuasa mutlak dalam perjanjian pengalihan hak milik atas tanah. Metode yang digunakan dalam penelitian ini yaitu metode yuridis normatif dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus. Hasil penelitian ditemukan bahwa pertanggungjawaban pihak penjual yakni berdasarkan Pasal 1365 KUHPerdata yaitu  dengan memberikan ganti kerugian seharga nilai penjualan tanah dikurangi hutang pemilik tanpa melibatkan pihak ketiga yang beritikad baik. dan pertanggungjawaban pihak notaris yaitu terdapat dalam UU Nomor 30 Tahun 2014 Pasal 84 tentang Jabatan Notaris dan Peraturan Pemerintah Nomor 24 Tahun 1997 Pasal 62 tentang Pendaftaran Tanah yang menjelaskan sanksi bagi notaris. Dalam hal ini berhubungan dengan kerugian pihak ketiga yang beritikad baik.Kata Kunci: Kuasa Mutlak, Ganti Kerugian

scholarly journals Perkembangan Hukum Ekonomi Syariah di Indonesia

PLENO JURE ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 1-16
Author(s):  
Fitrianur Syarif
Keyword(s):  
Research Methods ◽  
Financial Institutions ◽  
Rapid Development ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Foundation ◽  
Islamic Financial Institutions ◽  
Normative Sociology ◽  
Religious Courts ◽  
Practical Level

Abstrak.Perkembangan ekonomi Islam berlangsung dengan begitu pesat. Hal ini juga didukung oleh sektor hukum, yakni dilandasi dengan keluarnya peraturan perundang- undangan di bidang ekonomi syariah, antara lain adalah keluarnya Undang- undang Nomor 3 Tahun 2006 yang memberikan kewenangan bagi Pengadilan Agama untuk menangani perkara sengketa ekonomi syariah. Selain itu keluarnya Undang-undang Nomor 19 Tahun 2008 tentang Surat Berharga Syariah   Negara   dan   Undang-undang   Nomor   21   Tahun   2008   tentang Perbankan Syariah semakin memperkokoh landasan hukum ekonomi syariah di Indonesia. Pada tataran praktis, keberadaan lembaga-lembaga keuangan syariah sekarang ini menunjukkan adanya perkembangan yang semakin pesat. Hal ini sejalan dengan semakin meningkatnya kesadaran sebagian besar umat Islam untuk   melaksanakan Islam   secara   kaffah.   Adapun tujuan penelitian dari jurnal ini adalah Untuk Mengetahui perkembangaan Hukum Ekonomi Syariah di Indonesia, dengan metode penelitian penelitian  hukum  normatif  dengan  pendekatan konseptual yaitu  mencari  asas-asas,  doktrin-doktrin  dan sumber hukum dalam arti filosofis yuridis. Alasan  peneliti  menggunakan  penelitian  hukum  normatif karena untuk menghasilkan   argumentasi,   teori   atau   konsep   baru   sebagai   praktisi   dalam menyelesaikan  masalah  yang  dihadapi. Adapun hasil penelitian dan Pembahasan adalah Keberadaan ekonomi syariah di Indoinesia, sesungguhnya sudah mengakar sekalipun keberlakuannya masih bersifat normatif sosiologis. Abstract. The development of Islamic economics took place so rapidly. This is also supported by the legal sector, which is based on the issuance of laws and regulations in the field of Islamic economics, among others, the issuance of Law Number 3 of 2006 which gives authority to the Religious Courts to handle sharia economic dispute cases. In addition, the issuance of Law Number 19 of 2008 concerning State Sharia Securities and Law Number 21 of 2008 concerning Sharia Banking further strengthens the legal foundation of Islamic economics in Indonesia. At a practical level, the existence of Islamic financial institutions now shows an increasingly rapid development. This is in line with the increasing awareness of the majority of Muslims to implement Islam faithfully. The research objective of this journal is to find out the development of Sharia Economic Law in Indonesia, with normative legal research methods with a conceptual approach that is to seek principles, doctrines and sources of law in a juridical philosophical sense. The reason researchers use normative legal research is to produce new arguments, theories or concepts as practitioners in solving problems they face. The results of the research and discussion are the existence of Islamic economics in Indonesia, in fact it has taken root even though its validity is still normative sociology.

scholarly journals JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE

2018 ◽  
Vol 3 (1) ◽  
pp. 43
Author(s):  
Nita Triana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Third Party ◽  
Second Step ◽  
Legal Research ◽  
Long Time ◽  
The Cost ◽  
Religious Courts

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research  and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution  of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator.  The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

scholarly journals Legal Consequences of Acquiring Company of Mining License Holder That Has Not Obtained Government Approval toward Mining License Transfer and Control

2019 ◽  
Vol 6 (3) ◽  
pp. 785 ◽  
Author(s):  
Danang Muhammad Zawahirul Fahmi ◽  
Sukanda Husin ◽  
Rembrandt Rembrandt
Keyword(s):  
Mineral Resources ◽  
Legal Liability ◽  
Third Parties ◽  
Bad Faith ◽  
Legal Research ◽  
Administrative Process ◽  
Analysis Technique ◽  
And Control ◽  
Legal Consequences ◽  
License Holder

The objectives of this research are 1) to find out the legal consequences of acquiring company of mining license holder that has not obtained government approval toward mining license transfer and control, 2) to find out the legal liabilities of company that acquires company of mining license holder. This legal research applies the method of normative juridical legal approach. The data analysis technique employs qualitative analysis. The results of this research revealed that the acquirer actually does not have any legal liability to the acquired party unless the acquirer is indeed proven to have committed bad faith during and after the acquisition process which could harm other parties including third parties. Thus, the acquirer can be held directly liable through the court or other ways. Meanwhile, the legal liability of the acquired party is that they must carry out an administrative process to the relevant agencies namely the Ministry of Energy and Mineral Resources, to fulfill the provisions referred to in Article 93 of the Mineral and Coal Law. The party that acquires the company of mining license holder has the same obligation as the acquired party. The acquirer must comply with the provisions in the form of obligations which are required to the mining license holder such as the provisions of Article 95 up to 112 of Mineral and Coal Law.

scholarly journals Pertanggungjawaban Bank Terhadap Nasabah yang Menjadi Korban Kejahatan yang Dilakukan Oleh Oknum Internal Bank

2021 ◽  
Vol 2 (3) ◽  
pp. 505-509
Author(s):  
I Putu Wiradharma Putra Yudha ◽  
Johannes Ibrahim Kosasih ◽  
Desak Gde Dwi Arini
Keyword(s):  
Material Processing ◽  
Financial Institutions ◽  
Banking Sector ◽  
Secondary Data ◽  
Legal Liability ◽  
Processing Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
The People ◽  
Bank Employees

Banks are the only financial institutions that are trusted by the people who play a role in the economy, so that in their activities there are elements of stakeholders who commit acts against the law in the banking world. This study aims to analyze crimes committed by internal bank employees and reveal legal liability to the bank if there are crimes committed by internal elements or bank employees. This study uses normative legal research with a statutory approach and a conceptual approach. The data used are primary and secondary data obtained through recording and documentation techniques, then the data processed and analyzed will be processed and analyzed using a systematic legal material processing method. The results of the study stated that in banking there are two types of violations, namely banking crimes and crimes in banking. In relation to crimes in the banking sector, Law no. 7/1992 as amended by Law No.10/1998 on banking. Accountability cannot be borne by the bank as a corporation, but this burden is imposed or carried out by way of the debtor to individuals who commit crimes in the banking sector.

scholarly journals FINANCIAL INSTITUTIONS IN THE LEGAL SYSTEM OF ISLAMIC BANKING AND LEGAL DISPUTE SETTLEMENT

2018 ◽  
Vol 5 (2) ◽  
pp. 153
Author(s):  
Akhmad Khisni
Keyword(s):  
Human Resource Development ◽  
Financial Institutions ◽  
Legal System ◽  
Dispute Settlement ◽  
Community Dynamics ◽  
Holistic Approach ◽  
Social Institution ◽  
Islamic Banking ◽  
The Law ◽  
Religious Courts

Islamic financial institutions in Indonesia are legalized in the governance of the banking law and in case of legal disputes become the absolute authority of the Religious Courts. Religious Courts readiness in responding to the development Islamic economics and resolve legal disputes are inevitable in the conduct of religious courts function as a legal institution, namely enforcement of certainty (juridical aspects) and justice (philosophical aspect), in addition to running the social aspects (sociological aspect). The position of Justice of religion as a social institution is dynamic, because of the exchange with the community dynamics that require the judge to explore, and understand the value of the law who live in the society. The implementation of Act No.3 of 2006 as amended by Act No. 50 Of 2009 regarding the Second Amendment to Act No.7 of 1989 concerning the Religious Courts, reinforced by Act No. 21 of 2008 concerning Islamic Banking. Institutional constraints faced by the Religious Court in handling cases Islamic economics is the law enforcement factors, factors of infrastructure, the judge in the religious courts appeared to be not effective due to the number of judges who have not been certified Islamic economy is still lacking, and the lack of educational and training of human resource development. In a more holistic approach to address the above problems, it is necessary reconstruction of the arrangement of the legal system and legal institutions and legal culture arrangement

AKAD FINANCING OF MURABAHAH BETWEEN CUSTOMERS WITH MUAMALAT BANKS HARKAT VIEWED FROM SHARI'AH PRINCIPLES

2020 ◽  
Vol 10 (1) ◽  
pp. 13-26
Author(s):  
Candra Irawan ◽  
Adi Bastian ◽  
Febrozi Rohadi
Keyword(s):  
Data Collection ◽  
Financial Institutions ◽  
Research Method ◽  
Economic Condition ◽  
Field Research ◽  
Comprehensive Analysis ◽  
Islamic Banks ◽  
Legal Research ◽  
Trading System ◽  
Library Research

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

Sign in / Sign up

Export Citation Format

Share Document