scholarly journals Oral Contract on the Sale and Purchase Transactions in the Traditional Market of Palangka Raya City

2020 ◽  
Vol 6 (2) ◽  
pp. 173-190
Author(s):  
Muzalifah Muzalifah ◽  
Ali Sodiqin
Keyword(s):  
Qualitative Research ◽  
Local Community ◽  
Islamic Law ◽  
Civil Law ◽  
Phenomenological Approach ◽  
Contract Law ◽  
Legal Certainty ◽  
Legal Norms ◽  
Freedom Of Contract ◽  
Traditional Market

The application of an oral contract in buying and selling transactions in Palangka Raya City is a form of contract adopted from Banjar culture. Even traditional market players in Palangka Raya City, in particular, interpret the oral contract as something that is very principle, so that they consider a contract invalid if it is not stated verbally. This article explores the question of why the oral contract in buying and selling in Palangka Raya City is still being applied and how the oral contract law is in buying and selling transactions in Palangka Raya City. This research is qualitative research with a phenomenological approach. This study found that the application of oral contracts in buying and selling transactions in Palangka Raya City originated from the habits of Banjar tribe traders who trade in Palangka Raya City. This habit, then, develops into the habit of the local community, so it becomes a necessity to be implemented. The law of the oral contract in the transaction is valid in terms of Islamic law and civil law because it fulfills the requirements and is in harmony with the contract in buying and selling and is carried out voluntarily, is based on the principle of freedom of contract. There is a balance of achievement, and has legal certainty so that it binds both parties. The existence of this oral contract shows the legitimacy of legal norms, religious norms, and customary norms.

scholarly journals Implementasi Akad Ijarah Muntahiya Bi Al-Tamlik (IMBT) Perspektif Fatwa DSN-MUI Nomor 27 Tahun 2002 & Hukum Islam

2020 ◽  
Vol 2 (2) ◽  
pp. 153-181
Author(s):  
Jamaluddin
Keyword(s):  
Financial Services ◽  
Islamic Law ◽  
Scientific Paper ◽  
Islamic Banking ◽  
Legal Certainty ◽  
Legal Norms ◽  
Freedom Of Contract ◽  
Bank Regulations ◽  
Unwritten Law ◽  
Legal Consequences

The Ijarah Muntahiya bi al-Tamlik (IMBT) contract is a lease agreement that ends with the transfer of property rights by means of sale and purchase (grant) at the end of the lease period. In the perspective of Islamic law, the IMBT contract is in accordance with the principles, pillars, and some terms of the contract. Unfulfilled contract conditions, namely the requirement for legal certainty. Meanwhile, in the perspective of the DSN-MUI Fatwa Number 27/2002 and Islamic Law, the IMBT agreement is an anonymous agreement that arises from the existence of the principle of freedom of contract. The IMBT contract is in accordance with the terms and elements of the agreement. IMBT legal consequences are rights and obligations. This scientific paper will examine the normative and applicable aspects of law. Legal norms that are included in the realm of unwritten law in the context of laws and regulations in Indonesia concerning Sharia Economics are DSN-MUI fatwas, especially regarding IMBT which has been perceived as a national law, (Law Number 21 of 2008, concerning Islamic Banking), Bank Regulations Indonesia (BI), the Financial Services Authority (OJK) and Sharia Financial Institutions (KLS) as an effort to apply the law in an applicative manner.  

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

scholarly journals PERKEMBANGAN PERJANJIAN DALAM PRAKTIK PERDAGANGAN (PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF)

JURISDICTIE ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 219
Author(s):  
Cindawati Cindawati
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Contract Law ◽  
Civil Code ◽  
Public Order ◽  
Freedom Of Contract ◽  
Positive Law ◽  
Legal Consequences

Agreement in human life to protect the rights and obligations are balanced. Differences in Islamic Law Perspective: Halal, agreed, able, without coercion, consent and Qobul. While the perspective of Positive Law: agree, capable, certain things, certain circumstances in accordance with Article 1320 of the Civil Code. The equation embracing principle of freedom of contract (al-Hurriyah) Islamic law is based on freedom of contract and volunteerism of each of the parties to a transaction (Q.S.An-Nisa ', 29). Give freedom to every person doing contract as desired, specify its legal consequences are religious teachings. The development of standard agreements in practice must be based on Sharia Principles provide benefits both parties, within the limits of lawful and unlawful, and the limits of public order and contract law, the provisions of Islamic law which is original. Perspective Positive Law: Principles embraced Open, gives the broadest freedom has entered into agreements contain anything, does not violate public order and morality. Rapid trade development followed the model "Standard Agreement". Business actors prepare raw clauses in the Agreement and can be accepted by the community. Raw agreements as a form of efficiency, the parties benefit and advantage to both parties.

scholarly journals The Principle of Consensualism and Freedom of Contract as a Reflection of Morality and Legal Certainty of Contract Laws in Indonesia

Webology ◽  
2020 ◽  
Vol 17 (2) ◽  
pp. 336-347
Author(s):  
Tarmi zi
Keyword(s):  
Civil Law ◽  
Legal Certainty ◽  
Basic Principles ◽  
Law System ◽  
Legal Principles ◽  
Freedom Of Contract ◽  
Binding Force ◽  
National Legal System ◽  
Treaty Law ◽  
Civil Law System

Differences in the civil law system in each country will substantially distinguish the legal principles adopted and the regulation of the treaty law. This study seeks to analyze the principles of law that exist in Indonesia in ensuring certainty in the implementation of contracts as a derivation of treaty law. In general, the basic principles of treaty law have been legalized in various forms of regulations and in the national legal system. Taking various perspectives on the main theories on justice and expediency, this study originally focused on the state's authority to guarantee the rights of citizens in agreements. The results of the study revealed that the principle of consensualism relating to the birth of the contract, the principle of freedom of contract relating to the contents of the contract and the principle of binding force relating to the effect of the contract of principles in carrying out the agreement absolutely must be fulfilled if the parties agree to bind themselves in carrying out legal actions.

scholarly journals TULAK BALA SEBAGAI TRADISI MASYARAKAT ACEH DALAM MENGHADAPI VIRUS CORONA

2020 ◽  
Vol 6 (2) ◽  
pp. 1
Author(s):  
Teuku Amnar Saputra ◽  
Zuriah Zuriah
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Historical Perspective ◽  
Islamic Law ◽  
Phenomenological Approach ◽  
Data Presentation ◽  
Cholera Epidemic ◽  
Corona Virus ◽  
The People

In responding to the corona virus outbreak, each region has a different way. Aceh, which is identical to Islamic law, also has a different way of dealing with the Corona Virus Outbreak. One of the ways that the Acehnese people do is to revive the Tulak Bala tradition. This study aims to examine how an outbreak is in the historical perspective of the Acehnese people and how the Tulak Bala Tradition is carried out by the people of Aceh in dealing with the Corona Virus. This type of research is qualitative research with a phenomenological approach. Data collection was carried out by means of observation, documentation and interviews and data presentation was carried out descriptively. The results showed that an epidemic was not something new for the people of Aceh. The epidemic has occurred since the 2nd Dutch aggression with the spread of a cholera epidemic that killed many people. The Tulak Bala tradition carried out by the people of Aceh is a tradition that has been passed down from generation to generation to its predecessors. This tradition does not believe that it can prevent and eliminate all forms of plague and calamity. The people of Aceh believe that the plague is an offering of Allah SWT so that to be able to deal with it, they must ask for help from the Creator.Keywords: Aceh Community, Tradition, Tulak Bala, and Corona Virus.

scholarly journals CONSIDERATION OF THE MATARAM RELIGION JUDGES IN DETERMINING THE LEVEL OF MUT'AH AND NAFKAH IDDAH IN DIVORCE (TALAK) CASE, (Case Analysis No. 0041/Pdt.G/2018/Pta.Mtr and No. 0081/Pdt.G/2018/Pta.Mtr)

2019 ◽  
Vol 11 (2) ◽  
pp. 109-120
Author(s):  
Samsudin Samsudin
Keyword(s):  
Qualitative Research ◽  
Supreme Court ◽  
Islamic Law ◽  
Case Analysis ◽  
Research Data ◽  
Legal Certainty ◽  
High Court ◽  
The Supreme Court ◽  
Principles Of Justice ◽  
Sense Of Justice

Judges' considerations often do not provide satisfaction and do not provide a sense of justice to the parties. The decision of the judge of the Religious High Court is considered the final place, although it can submit an appeal to the Supreme Court which is the highest institution in the area of ​​the religious court, so the researcher raises this title and formulates the problem that is the direction of the research. This study aims to find out how the judge's judgment and whether the judges of the Mataram High Court in determining the level of mut’ah and livelihood in the divorce case have fulfilled the principles of justice, usefulness, and legal certainty. The type of research used is qualitative research. Data collection techniques use study decisions, documentation, and interviews. In addition, the data obtained are informants' information, documentation, and are not numbers. Based on the results of the study, the results obtained are as follows: 1) The consideration of the judges of the Mataram High Court in determining mut’ah levels and iddah livelihoods on divorce cases is observing from work, income, wife who is not incoherent and also to the old wife accompany her husband in fostering a family. 2) whereas regarding the decision of the judges of the Mataram High Court in determining the level of mut’ah and livelihood of the iddah in divorce cases the principles of justice and legal usefulness has not yet been fulfilled, the judge is more focused on the principle of legal certainty and the fulfillment of rights and obligations. However, the amount determined is not in accordance with the sense of justice and certainly will not be fulfilled. In its decision, the judge saw the Law, Compilation of Islamic Law (KHI), Islamic Sharia (Al-Qur'an and Hadith), Perma Number 03 of 2017, and Circular of the Supreme Court of Republic of Indonesia Number 1 of 2017.

scholarly journals Pengaruh Hukum Islam tentang Larangan Tuak Terhadap Perilaku Masyarakat Desa Boto Kecamatan Semanding

2020 ◽  
Vol 22 (1) ◽  
pp. 1-24
Author(s):  
Husni Habibi
Keyword(s):  
Qualitative Research ◽  
Rural Communities ◽  
Islamic Law ◽  
Field Research ◽  
Community Response ◽  
Actual Behavior ◽  
Legal Norms ◽  
Analysis Techniques ◽  
Community Behavior ◽  
The Village

This article is based on field research aims to answer the question of the influence of Islamic Law on prohibiting liquor (Tuak) towards community behavior of Boto Village in Semanding district of Tuban Regency.  It also strives to analyze the factors that contribute to mold people's behavior. The approach of this research is combining a quantitative survey and qualitative research methods, with data analysis techniques in the form of analytical descriptive. The results of the study conclude that Islamic law is incapable of fashioning the actual behavior of its adherents, especially in the village of Boto. The prohibitions of liquor (tuak) failed to stimulate the behavior of rural communities under Islamic legal norms. This is indicated by the lack of community response to Islamic legal norms. On the contrary, it is conclusively found that the behavior of the majority of people deviates from the Islamic provisions of legal norms about the prohibition of liquor (tuak).

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

Freedom of Contract on Crossroads: The Struggle over the Concept of Contract Liberty in 20th Century Poland

2020 ◽  
Vol 66 (1) ◽  
pp. 34-53
Author(s):  
Mateusz Grochowski
Keyword(s):  
Intellectual History ◽  
20Th Century ◽  
Free Market ◽  
Civil Law ◽  
Contract Law ◽  
Free Market Economy ◽  
Freedom Of Contract ◽  
Political Dynamics ◽  
Precise Understanding ◽  
History Of

The text delves into the origins and theoretic premises of the concept of freedom of contract that developed in Poland throughout the 20th century. It attempts to provide a more precise understanding of the economic and political dynamics that led to creation of the quite strong laissez faire perception of contract liberty, which still seems to underpin most of the Polish discourses about contract law. In so doing, the article seeks to analyze two crucial dynamics that seem to be determinative for the current shape of freedom of contract in Poland: the direct translation of the inter-war model of contract liberty into the current civil law, as well as the rapidity and profoundness of the transformation from the centrally-steered to free market economy in the 1990s. This view on intellectual history of contract liberty is, in turn, applied to analyze frictions in transposition of EU contract law, which occur conspicuously in the Polish realities.

scholarly journals AGAMA DAN PERUBAHAN SOSIAL EKONOMI

Tsaqofah ◽  
2020 ◽  
Vol 18 (02) ◽  
pp. 185
Author(s):  
Nanang Rustandi
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Local Community ◽  
Phenomenological Approach ◽  
Local Culture ◽  
Qualitative Research Method ◽  
Economic Changes ◽  
The People ◽  
Economic Culture ◽  
Religious Understanding

Research on religion and socio-economic changes in the community around the Gunung Padang site, Karyamukti Village, Campaka District, Cianjur Regency originated from the emergence of a local community in carrying out its religion and culture in the form of socio-economic changes. The focus of the research reveals how religious the people around the Gunung Padang site are. How is the socio-economic culture of the community around Mount Padang with the Gunung Padang site, as well as how the religious and socio-economic changes of the community after the restoration (excapation) of the Gunung Padang site. This study uses a qualitative research method, to analyze the religious relationship between the community and the socio-economic culture of the community around ancient sites using a phenomenological approach. The results of this study indicate that the religion of the people around the site is greatly influenced by the process of combining religious understanding and local culture that has been hereditary. The form is through religious expressions, namely belief (theology), ritual (rites) and community (community).

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