scholarly journals THE ROLE OF NOTARY IN DEED OF SALE AND PURCHACE AGREEMENT TO SUPPORT NATIONAL DEVELOPMENT

2017 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
Hasyim Mustofa

Notary's duty is as a legal profession carrier in the making of Land sale and purchase Deed as a perfect proof. However, the Notary in carrying out his duties and authorities must pay attention to the formal and material aspects. In this case, there are some constraints such as the status of land and the Notary is not authorized to run a Position outside his/her position. Method approach used in this study was normative juridical, where the data source comes from secondary data, consisting of primary, secondary and tertiary legal materials. The results of the research found that the role of notary in making the deed of land purchase agreement to support the national development rests with the legal relationship to bind the parties' engagement in the form of the PPJB (Sale and Purchase Binding Agreement) deed which can be used as the perfect evidence when one of the parties pledges through the lawsuit in the court. As well as obstacles in making the Deed PPJB include land status, such the status of customary land, State land and land letter C so as to violate the object of agreement as regulated in Article 1320 Civil Code. Furthermore, the unauthorized acts are as referred to in Article 85 of the Notary Position Law.

2017 ◽  
Vol 11 (1) ◽  
pp. 83-103
Author(s):  
Husnul Khatimah

This study analyzes the role of sukuk in national economic development. During this time the source of development financing consists of several kinds including taxes, bonds, foreign debt and Islamic bonds (sukuk). Sukuk has been developed in Indonesia since 2002 (published Indosat) and is still growing and the number of issuers are even greater. The research method using descriptive quantitative, data source in this research is secondary data obtained, balance of payments in the government, the state budget. This study uses a quantitative descriptive approach. Data were processed using matrix comparison of the performance of sukuk and conventional bonds to finance national development. The role and contribution of sukuk to finance the construction has been increasing. In 2011 amounted to 34% of financing needs are met through sukuk. Until 2016 the proportion was 60%. Instead the role of foreign debt be decreased. In 2011 only 7%, and by 2016 the portion close to 0%.


2019 ◽  
Vol 3 (2) ◽  
pp. 155
Author(s):  
Choirul Absor ◽  
Kharis Fadlullah Hana ◽  
Fatikha Rizqya Nur

<p><em>This study aims to determine the role of the Sharia Supervisory Board in supervising Sharia Savings and Loan Cooperatives (KSPPS) so that operations do not come out of sharia provisions. Sharia Supervisory Board includes legal assistants who have the duty to ensure and conduct supervision so that Sharia Financial Institutions are in sharia provisions. Savings and Loan Cooperatives and Sharia Financing are financial institutions that are socially based and in their activities are based on moral principles by considering haram and lawfulness of a business that is run in accordance with Islamic regulations. The method used to conduct this research is qualitative. The data source uses secondary data and primary data by collecting data in the form of interviews and documents. Based on the results of observations on KSPPS Berkah Abadi Gemilang that Supervision conducted by DPS there is still an obstacle that causes less optimal supervision, namely members of sharia supervisors who do not understand muamalah fiqh, mastery of economics and DPS rarely make office visits. In addition, one member of the DPS also does not yet have a certificate of proof of passing the exam from DSN-MUI or other standard certificates, in this case at least the results of the certificate provide a guarantee that the Sharia Supervisory Board has passed the feasibility test to become the Sharia Supervisory Board. KSPPS Berkah Abadi Gemilang in practice also still has errors, the Ba'I Bi'saman Ajil contract which is supposed to be a sale and purchase agreement but made as a financing and error in determining the margin based on the presentation of the money lent.</em></p>


Author(s):  
Nur Laila

Credit risk is one of the most frequent risks in tough financing such as on financing using ijarah and murabahah contracts in Sharia financial institutions. The reason is due to mistakes in the analysis of financing applications and lack of cooperative readiness in managing and anticipating the possibility of risk exposure in the institution. In other hand, sharia cooperatives follow the principle of lost and profit sharing that requires a careful cooperative in managing their business in order to achieve the expected profit target.As Sakinah Cooperation Sidoarjo which has been operating for 19 years only experienced credit risk less than 1%. Therefore, this study is aimed to firstly understand and describe to what extent the implementation of risk management in sharia financing in As Sakinah Cooperation Sidoarjo is, and secondly, to understand and describe the credit risk settlement scheme that occurs in sharia financing in As Sakinah Cooperation Sidoarjo.This research used qualitative method, using a case study approach. Data are collected through interview technique at main source and documents and regulation of the cooperation as secondary data source. The data were analyzed through 3 (three) steps. They are data deduction, data display and conclusion and verification.The results show that the role of the group and the joint responsibility system become the key in reducing credit risk Keywords: management, risk, credit, Ijarah, Murabahah.


2019 ◽  
Vol 10 (2) ◽  
pp. 219
Author(s):  
Rina Rohayu H

Land given to and owned by people with rights provided by the UUPA is to be used and utilized. The granting and possession of land with these rights will not be meaningful if its use is limited to land as the surface of the earth. The land also has a significant role in the dynamics of development. According to the 1945 Constitution of the Republic of Indonesia NRI,  "earth and water are natural resources contained therein controlled by the state and used for the greatest prosperity of the people." This research uses a normative juridical approach that is research based on the rules / according to the law because this research focused on the use of document studies and literature or secondary data. The research specification used is descriptive-analytic, which describes the law of the land in the era of globalization based on local wisdom. The results of the study illustrate that the role of the land ruling state, which used for the prosperity of the people, is regulated under Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA).On the other hand, the globalization of law is nothing more than a legal intervention from developed countries towards developing countries in order to adjust their laws globally. One way to address the problem of globalization of land law is to reaffirm local wisdom. In other words, they are upholding the customary provisions related to land. Example: provisions of customary land. Customary land is communal land that is jointly owned and thus does not need to be certified.Keywords: globalization, land law, local wisdomABSTRAKTanah diberikan kepada dan dipunyai oleh orang dengan hak-hak yang disediakan oleh UUPA, adalah untuk digunakan dan dimanfaatkan. Diberikannya dan dipunyainya tanah dengan hak-hak tersebut tidak akan bermakna, jika penggunaannya terbatas hanya pada tanah sebagai permukaan bumi saja. Tanah juga mempunyai peranan yang besar dalam dinamika pembangunan. Undang-undang Dasar 1945 menjelaskan bahwa “Bumi dan air dan kekayaan alam yang terkandung didalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besar kemakmuran rakyat.” Penelitian ini menggunakan pendekatan yuridis normatif yaitu penelitian yang didasarkan kepada kaidah-kaidah/menurut hukum, oleh karena penelitian ini dititik-beratkan pada penggunaan studi dokumen dan bahan pustaka atau data sekunder. Spesifikasi penelitian yang digunakan adalah deskriptif analitis yang menggambarkan tentang hukum tanah di era globalisasi berdasarkan kearifan lokal. Hasil penelitian menggambarkan bahwa peran negara penguasa tanah yang digunakan untuk kemakmuran masyarakat diatur berdasarkan Undang-undang No. 5 tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA). Disisi lain, globalisasi hukum tak lebih sebagai intervensi hukum dari negara maju terhadap negara berkembang agar menyesuaikan hukumnya secara global. Salah satu cara menyikapi persoalan globalisasi hukum tanah ini adalah dengan menegaskan kembali kearifan lokal. Dengan kata lain, menegakkan kembali ketentuan-ketentuan adat terkait dengan tanah. Misalnya ketentuan tanah ulayat. Tanah ulayat merupakan tanah komunal milik bersama, dengan demikian tidak perlu disertifikatkan.


2015 ◽  
Vol 6 (1) ◽  
Author(s):  
Erllyn Nurdiansyah *

LSM Kusuma Buana is one of social institution which focus with countermeasures on sex worker problem in Bongas Vilage, Indramayu, Jawa Barat. The purpose of LSM Kusuma Buana to be effort autonomous for PSK. Purpose of this reseacrh are: 1). To description profil of LSM Kusuma Buana as social institution to handle PSK problem. 2). To description character of LSM Kusuma Buana to handle PSK problem in Bongas, Indramayu, Jawa Barat. This research uses kualitatif research methods. Were used primary and secondary data sources. Technique obtained in this research is descriptive analysis that is the data which obtained in this research presented the analyzed descriptively to get an idea about the facts. Information obtained by using purposive sampling tecnique, that is sampling based on speatic objectives. Informats in this study is the LSM Kusuma Buana, prostitutes and former prostitutes. Data was collected by interview methocl, passive participant observation, documentation and literature studies. To examine the validity of this data source using triangulation techniques source and methods. Techniques which used in analyzing the data is data colection, data reduktion, data presentation, and conclusion. The result showed that: 1). LSM Kusuma Buana as social institusion is the first in Bongas Vilage in assitance prostitutes. 2). The role of LSM Kusuma Buana or Kusuma Bongas as home and friend for sex worker, besides its role as facilitator and catalyst, coach and education, as well as colector of capital. 3). Assistance by LSM Kusuma Buana formed a working group named Kusuma Bongas to empower sex worker by providing mentoring programs, such as community empowerment in the form of revolving capital and education about the worse effect of prostitutions and AIDS, health service and skills activties. Form of empowerement that was given to comecrial sex worker and sex worker make increasingly independent and empowered. 4). Empowerment was given to the prostitutes greated positively by them, because the program can empower prostitutes in Bongas Vilage, Indramayu, Jawa barat. Key words: role of social institutional, assistance program, empowerement  


2021 ◽  
Vol 7 (2) ◽  
Author(s):  
Tri Mulato ◽  
Sudirman Sudirman ◽  
Kamaruddin Kamaruddin ◽  
Iryani Iryani

Sharia banking are interested in getting involved channeling financing to the real sector of SMEs, including Bank BNI Syariah Makassar and Bank Panin Dubai Syariah Makassar. The purpose of this study is to determine the development of SMEs financing provided by sharia banking. Then to find out the role of sharia banking for the distribution financing for SMEs in the city of Makassar. As well as to find out the form of integration of the development of the department of sharia banking UIN Alauddin Makassar, through the distribution of financing for SMEs in sharia banking institution. This type of research is a field research, by taking data directly. The nature of the research is qualitative. The data source uses primary data and secondary data related to the research theme. The data analysis technique used in this research is qualitative descriptive, which describes the objects in the study. The results of this study indicate the development of the distribution of financing in sharia banking reaching 15.93 percent. Then Bank BNI Syariah and Bank Panin Dubai Syariah Makassar channeled financing to SMEs sector, reaching 20 percent. The form of integration in the development of departement sharia banking is by presenting courses on object management of financing sharia banking and courses on SMEs business.


2021 ◽  
Vol 2 (3) ◽  
pp. 1
Author(s):  
Asrizal Saiin ◽  
Hasbi Umar ◽  
Hermanto Harun

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.


NOTARIUS ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 43
Author(s):  
Filzah Azizah Ibrahim

Abstract               Blocking of a book of certified land begins with a legal relationship between two or more parties involving the certificate as the object of the dispute. Losses experienced by one party in the process of buying and selling led to the application of blocking the book of land certificate to the office. The significance of this writing is to know and analyze the status of the Deed of Sale and Purchase Agreement in the process of blocking the land book by the buyer in the land office and the form of legal protection provided by the land office to the injured party due to buyer blocking based on the Deed of Sale and Purchase Agreement. The result of this research is the position of the sale and purchase binding agreement in the process of blocking the land book conducted by the buyer in the land office only as evidence of actual delivery and juridical delivery between the seller and buyer on the object of sale and purchase, not as an administrative requirement blocking at the land office. The Land Affairs Office provides legal protection by implementing the provisions of Article 125 and Article 126 of the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 3 of 1997 by limiting the party who wishes to file a blocking request to the land office is a party with a strong legal basis to file the request for blocking in an effort defend that right so that it will not harm the other party. AbstrakPemblokiran buku tanah sertipikat diawali oleh suatu hubungan hukum antara dua pihak atau lebih yang melibatkan sertipikat sebagai obyek sengketa.Kerugian yang dialami oleh salah satu pihak dalam proses jual beli memunculkan adanya permohonan pemblokiran buku tanah sertipikat ke kantor. Arti penting dari penulisan ini adalah untuk mengetahui dan menganalisis kedudukan Akta Perjanjian Pengikatan Jual Beli dalam proses pemblokiran buku tanah yang dilakukan pembeli pada kantor pertanahan dan  bentuk perlindungan hukum yang diberikan kantor pertanahan kepada pihak yang dirugikan karena pemblokiran oleh pembeli berdasarkan Akta Perjanjian Pengikatan Jual Beli. Hasil dari penelitian ini adalah kedudukan akta perjanjian pengikatan jual beli dalam proses pemblokiran buku tanah yang dilakukan oleh pihak pembeli pada kantor pertanahan hanya sebagai alat bukti telah terjadinya penyerahan secara nyata dan penyerahan yuridis antara penjual dan pembeli atas objek jual beli, bukan sebagai persyaratan administratif permohonan pemblokiran pada kantor pertanahan. Kantor pertanahan memberikan perlindungan hukum dengan melaksanakan ketentuan Pasal 125 dan Pasal 126 Peraturan Menteri Agraria/Kepala Badan Pertanahan Nasional Nomor 3 Tahun 1997 dengan membatasi pihak yang ingin mengajukan permohonan blokir ke kantor pertanahan adalah pihak yang memiliki dasar hukum yang kuat untuk mengajukan permohonan blokir dalam upaya mempertahankan haknya tersebut sehingga tidak akan merugikan pihak lain.


2020 ◽  
Vol 8 (1) ◽  
pp. 125
Author(s):  
Claudia Grace Kusumawardani ◽  
Putri Kusuma Sanjiwani

In village tourism developing, it is necessary to have cooperation carried out by tourism Stakeholders, both Government, Community and Entrepreneurs or private parties. The collaboration must be balanced according to the status and role of each stakeholder so that harmonious cooperation can be created that is impartial to anyone. The research method used is a qualitative method with qualitative data analysis techniques, The source of data from this study comes from primary and secondary data. Data collection techniques are carried out by observation, in-depth interviews and documentation. Determination of informants is done by purposive sampling procedure. The results of this study indicate that based on the characteristics, tasks, objectives and functions of the BUMDES ( Badan Usaha Milik Desa ) are still not optimal, it can be seen that a number of things that have not yet fulfilled and still need to be reviewed so that BUMDES ( Badan Usaha Milik Desa) can collaborate and coordinate tourism village units optimally. Keywords: Corporate, Community, Tourism Development


Simulacra ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Mansari Mansari

<em>Some gampongs in Aceh Besar have established gampong reusam on child protection in written form. Reusam which usually regulates public behavior about habits undertaken by the public in an unwritten form, is now beginning to be written in written form. The formation of gampong reusam was formed by Tuha Peut Gampong which was discussed together with the keuchik and community leaders of the gampong. This research aims to find out how the process of reusam formation of child protection in Aceh Besar and how the role of Tuha Peut in determining the direction of development of child protection reusam in Aceh Besar. This research uses qualitative research with data source from primary data obtained through interview with Keuchik, Tuha Peut Gampong and Female Woman. Secondary data is obtained through documentation studies in the library. The results showed that the process of forming a village reusam on Child Protection was established through the involvement of elements and community leaders, even women were involved in the preparation. Tuha Peut has an important role in the development of a gampong reusam that adopts local and applicable local values in Aceh. These values are deliberation, mediation and the use of adat sanctions for child offenders in cases that occur, such as Advice, Warning, apology, fines, compensation, returned to the family, Establishment of Child Protection Committees dealing with law and engagement government agencies.</em>


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