scholarly journals NOTARY’S RESPONSIBILITY TO THE TRUTH OF DATA IN THE MAKING OF ISLAMIC BANKING CONTRACT IN INDONESIA

2018 ◽  
Vol 5 (1) ◽  
pp. 47
Author(s):  
Abdul Muin
Keyword(s):  
Civil Code ◽  
Islamic Banking ◽  
Public Official ◽  
Legal Basis ◽  
The Future ◽  
The Government ◽  
Definition Of

Notary is a public official appointed by the government authorized to make an authentic deed as stipulated in UUJN. Authority as mentioned above includes in the making of deed or contract on Islamic Banking. A contract according to language is binding, connecting, as for the meaning of the contract by term is an association or meeting between ijab and qabul that result in law. While the definition of Islamic Banking is a bank that runs its operations based on the principles of sharia. Notary Authority as regulated in Law Number 30 Of 2004 junto Law Number 2 Of 2014 concerning Notary Position shall be based on the honesty of Notary in executing its duties and authority including within the truth of the data in the process of making the contract. If the contract or deed made by the Notary in the future found the supporting data proved counterfeit and Notary participate in the practice of data forgery then the Notary is the person involved in making the contract with false data. However, if the data on which the notarial deed is made is not involved in the falsification, then the Notary does not take responsibility in the criminal act of falsifying the data. And the notary may exercise its right of interest. The legal basis of this journal is the Qoran and Hadits, Law No. 30 of 2004, Law No. 2 of 2014 on the position of Notary, Law Number 31 Of 2008 concerning Islamic Banking and the Civil Code.

scholarly journals Autentikasi Akad Pembiayaan pada Perbankan Syariah dalam Penggunaan Lafadz Basmallah

2020 ◽  
Vol 3 (1) ◽  
pp. 85-105
Author(s):  
Indah Parmitasari
Keyword(s):  
Civil Code ◽  
Islamic Banking ◽  
Public Official ◽  
The Status ◽  
The Law ◽  
Made In

This article seeks to discuss the authentication of financing contracts in Islamic banking in the use of lafadz basmallah. The problem discussed is how to authenticate the financing contract deed in Islamic banking in the use of lafadz basmallah. Every financing activity in Islamic banking is made in a contract, to get certainty and strength of perfect proof, the bank wants the contract to be made in an authentic deed. An authentic deed is a deed made by or in the presence of an authorized official for that purpose is made according to the provisions of the law. Notary as the official in charge of making the deed is guided by Article 38 of the Notary Position Law. A deed must fulfill the provisions of Article 1868 of the Civil Code, which is made by and or before an authorized official, and made a public official who has the authority. The notary is authorized as long as the certificate, person, place and time of the deed are made. This article concludes that the financing contract deed in Islamic banking that contains lafadz basmallah at the beginning of the deed does not meet the requirements of Article 1868 of the Civil Code, because it violates the provisions of Article 38 of the Notary Position Law so that the status of the act is degraded into a deed under the hand. Abstrak Artikel ini membahas tentang autentikasi akad pembiayaan pada perbankan syariah dalam penggunaan lafadz basmallah. Permasalahan yang dibahas adalah bagaimana keautentikan akta akad pembiayaan pada perbankan syariah dalam penggunaan lafadz basmallah. Setiap kegiatan pembiayaan dalam perbankan syariah dibuat dalam suatu akad, guna mendapatkan kepastian dan kekuatan pembuktian yang kuat, bank menghendaki akad dibuat dalam bentuk akta autentik. Akta autentik adalah akta yang dibuat oleh atau di hadapan pejabat yang berwenang untuk itu sesuai dengan ketentuan undang-undang. Notaris sebagai pejabat yang berwenang dalam membuat akta berpedoman pada Pasal 38 Undang-Undang Jabatan Notaris tentang bentuk akta. Suatu akta harus memenuhi ketentuan Pasal 1868 KUH Perdata, yaitu dibuat oleh dan atau di hadapan pejabat yang berwenang, dibuat menurut ketentuan undang-undang. Notaris berwenang sepanjang mengenai aktanya, orangnya, tempat dan waktunya akta dibuat. Artikel ini menyimpulkan bahwa akta akad pembiayaan pada perbankan syariah yang memuat lafadz basmallah pada awal akta kedudukannya bukan lagi sebagai akta autentik tetapi terdegradasi menjadi akta di bawah tangan, karena syarat otentisitas Pasal 1868 KUH Perdata tidak terpenuhi, yaitu syarat formalitas sesuai Pasal 38 Undang-Undang Jabatan Notaris Perubahan.

scholarly journals The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase

2019 ◽  
Vol 12 (3) ◽  
pp. 113
Author(s):  
Osama Ismail Mohammad Amayreh ◽  
Izura Masdina Mohamed Zakri ◽  
Pardis Moslemzadeh Tehrani ◽  
Yousef Mohammad Shandi
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Tort Liability ◽  
Legal Basis ◽  
Bad Faith ◽  
Legal Provisions ◽  
The Subject ◽  
Contracting Phase ◽  
The Stability ◽  
Definition Of

The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that “fraud spoils everything it touches”. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislative deficiency in the legislative remedies of the subject of good faith in the pre-contracting phase. This paper seeks to prove that replacing a provision that requires good faith in negotiations with the provisions of tort liability causes many legal problems. To prove this, the legal provisions should be analysed which would also include determining the definition of the principle of good faith, and the function of that principle in achieving contractual equilibrium and the legal basis for this principle at the stage of negotiation which should also be analysed. Moreover, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the need to legislate a legal article which obligates the negotiating parties to behave in good faith, as this has become an unavoidable reality that should be dealt with to contribute to the stability of civil and commercial transactions. As such, the legal article should also specify the compensation to be claimed.

scholarly journals Children in Conflict with the Law (Study in Correctional Center Medan)

2018 ◽  
Vol 5 (11) ◽  
pp. 5090-5095
Author(s):  
Marlina . ◽  
Mahmud Mulyadi ◽  
Nurmalawaty .
Keyword(s):  
New York ◽  
Juvenile Court ◽  
Social Influences ◽  
South Australia ◽  
The United States ◽  
Economic Activities ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Definition Of

Children are living beings who have limitations and need protection from others. Definition of a child in criminal law, a child in conflict with the law hereinafter referred to as a child who is 12 (twelve) years old, but not reach 18 (eighteen) years old who is suspected of committing a crime. In the United Kingdom children age from zero years to 18 years.[1] In the United States, namely New York and Vermont, someone who has not reached the age of 16 is still referred to a juvenile court.[2]  In Scotland the child is a person aged 7 years to 15 years old so that someone is tried in a juvenile justice. In South Australia children aged 8 years to 18 years old and in Canada someone is under 12 years old.[3] There are differences in understanding of children of each country, due to differences in social influences of child development, because the social and cultural and economic activities of each country are different. Even though things have an influence on the level of maturity of a child. It shows that social influences, social and cultural activities must be the concern of the government and society to prevent children from becoming delinquent. According to Nicholas McBala[4]  childhood is a period of life development, also a period of limited ability to harm others. Status and condition of children in Indonesia is paradoxical. Ideally, children are the heirs and progressors of the nation's future. In real terms, the situation of Indonesian children is still and continues to deteriorate. The world of children that should be colored by play activities, learning and developing their interests and talents for the future, the reality is colored by dark and sad data.[5] Children still and continue to deal with the law both as victims and as perpetrators. This condition requires special attention from all components of society and the government to protect and supervise the growth of Indonesian children. So that children are not faced with the law because of doing deviant actions. The direction of legal policy aims to make law a rule that provides protection for the rights of citizens and guarantees future life in the future.[6]    

China's cybersecurity law will constrain foreign firms

2016 ◽  
Keyword(s):  
Data Privacy ◽  
Public Consultation ◽  
Foreign Firms ◽  
Social Stability ◽  
Legal Basis ◽  
Content Type ◽  
User Data ◽  
The Law ◽  
The Government ◽  
Definition Of

Subject China's forthcoming cybersecurity legislation. Significance Public consultation has just opened on a new draft cybersecurity law. The draft's definition of 'security' includes not only technical elements but also regime survival and social stability. Impacts Operators of 'critical information infrastructure' will have to localise their user data within the territory of China. The law could provide a legal basis for retaliating against efforts to circumvent the Great Firewall. The government will support China's IT sector, considering technological independence necessary for national security. The law will place new obligations on businesses regarding protection of data privacy.

scholarly journals Framework Agreement as the Basis of the Obligation, or Criticism of the Concept of the Article 429.1 of the Russian Civil Code

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Дмитрий Шнигер ◽  
Dmitriy Shniger
Keyword(s):  
Present Article ◽  
Civil Code ◽  
Point Of View ◽  
Framework Agreement ◽  
The Future ◽  
Definition Of ◽  
Practical Recommendations ◽  
Basic Contract

The author analyzes the concept, features, scope and contents of the framework agreement from the point of view of the Russian Civil Code, the Concept of improvement of general provisions of obligation law of Russia and the needs of economic turnover. In the article the author formulated the definition of a framework agreement, which is seen as the basis of the obligation to conclude another one, main contract in the future (or several contracts). The author has analyzed the different ways to conclude the basic contract and has made legal qualifications of such contract documents (applications, specifications, etc.). Also the author has come to conclusion on the essential terms of the main contract and has provided practical recommendations for the conclusion of framework contracts and permits arising from them civil disputes. A few issues on accountability of the parties for breach of the master contract were also considered in present article.

scholarly journals Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect)

2020 ◽  
Vol 76 (1) ◽  
pp. 172-178
Author(s):  
S. Y. Ablamskyi ◽  
V. V. Romaniuk
Keyword(s):  
Access To Information ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Legal Science ◽  
The Future ◽  
Definition Of ◽  
Access To Documents ◽  
Procedural Aspect

The relevance of the issue under research is due to the fact that the investigation of certain types of crimes is not possible without studying documents that contain information that may constitute medical secrecy. That is why, the procedure for temporary access to documents containing information that may constitute medical secrecy should be provided at the legislative level in order to ensure their protection. While writing this research, the author has used a set of methods applied in legal science. With the help of comparative and legal, formal and legal methods, the author has analyzed provisions of the current legislation of Ukraine, which regulate the procedure for protecting medical secrecy and access to documents that may contain such information. The search and bibliographic method provided a search for literature sources on the issue under research, which provided the definition of access to information containing medical secrecy. The legal basis for the protection of information that may constitute medical secrecy has been clarified. Legislative provisions, which provide the peculiarities of access to documents containing information that may constitute medical secrecy, have been singled out and analyzed. It has been argued that the evidence collected in violation of the procedure of such a measure to ensure criminal proceedings is inadmissible, so can not be taken into account by the court in the future. Particular attention has been paid to the fact that the seizure of documents containing information that may constitute medical secrecy should be carried out only through the temporary access to them. In order to eliminate legislative gaps within the issue under research, it has been offered to make appropriate amendments and alterations to the current legislation.

scholarly journals Weakness Of Political Law Notice Not Reflecting Justice For Notary

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 127
Author(s):  
Rais Firdaus Handoko
Keyword(s):  
Secondary Data ◽  
Research Literature ◽  
Public Official ◽  
Data Types ◽  
Literature Study ◽  
The People ◽  
The Future ◽  
Library Studies ◽  
Notary Public ◽  
The Government

The purpose of this paper is to show the role and authority of the Notary Public profession as a non-ASN official, and the need for a change in notary law politics in the form of changes to the formation of Notary regulations in the future so as to better guarantee justice and welfare for the Notaries. This study uses a normative juridical type of research with the specification of the study conducted analytically descriptive. Normative research uses secondary data types, namely data obtained from library studies. Data collection methods used by conducting Library Research (literature study) and techniques used in deciphering and processing the data collected is a qualitative description.Weaknesses of Notary regulations, both in the Civil Code and statutory regulations, are said by State officials but in practice the Notary independently looks for his own clients, so that it is more appropriate to say a general profession than State officials because they do not receive salary from the State and the role of the Notary from time to time is not doubt. Thanks to the performance of the Notary, economic traffic is particularly related to agreements, commitments, inheritance, etc., legal actions by the people who need and carry out legal actions helped in proving authentic deeds, so that they get legal certainty.This writing concludes that the Notary Public is a public official who is not an ASN official and needs further study by the government in the future in revising the Notary regulations. Also his advice on notary legal politics needs to be changed and the government of the relevant institutions authorized to form legislation should involve senior Notaries in revising Notary regulations.Keywords: Political Law; Notary; Justice.

Challenges of Fear Conditioning Research in the Age of RDoC

2017 ◽  
Vol 225 (3) ◽  
pp. 189-199 ◽  
Author(s):  
Tina B. Lonsdorf ◽  
Jan Richter
Keyword(s):  
Fear Conditioning ◽  
Clinical Diagnosis ◽  
Research Domain Criteria ◽  
Major Focus ◽  
The Future ◽  
Definition Of ◽  
Methodological Considerations ◽  
Research Domain

Abstract. As the criticism of the definition of the phenotype (i.e., clinical diagnosis) represents the major focus of the Research Domain Criteria (RDoC) initiative, it is somewhat surprising that discussions have not yet focused more on specific conceptual and procedural considerations of the suggested RDoC constructs, sub-constructs, and associated paradigms. We argue that we need more precise thinking as well as a conceptual and methodological discussion of RDoC domains and constructs, their interrelationships as well as their experimental operationalization and nomenclature. The present work is intended to start such a debate using fear conditioning as an example. Thereby, we aim to provide thought-provoking impulses on the role of fear conditioning in the age of RDoC as well as conceptual and methodological considerations and suggestions to guide RDoC-based fear conditioning research in the future.

KEBIJAKAN POLITIK KERUKUNAN ANTARAGAMA DI INDONESIA ERA REFORMASI

2017 ◽  
Vol 9 (2) ◽  
pp. 407-424
Author(s):  
Jamaluddin Jamaluddin
Keyword(s):  
Transition Period ◽  
Religious Life ◽  
New Order ◽  
Reform Era ◽  
Policy Makers ◽  
Accommodation Space ◽  
Nation States ◽  
The Government ◽  
Definition Of ◽  
Cultural Reality

Indonesian reformation era begins with the fall of President Suharto. Political transition and democratic transition impact in the religious life. Therefore, understandably, when the politic transition is not yet fully reflects the idealized conditions. In addition to the old paradigm that is still attached to the brain of policy makers, various policies to mirror the complexity of stuttering ruler to answer the challenges of religious life. This challenge cannot be separated from the hegemonic legacy of the past, including the politicization of SARA. Hegemony that took place during the New Order period, adversely affected the subsequent transition period. It seems among other things, with airings various conflicts nuances SARA previously muted, forced repressive. SARA issues arise as a result of the narrowing of the accommodation space of the nation state during the New Order regime. The New Order regime has reduced the definition of nation-states is only part of a group of people loyal to the government to deny the diversity of socio-cultural reality in it. To handle the inheritance, every regime in the reform era responds with a pattern and a different approach. It must be realized, that the post-reform era, Indonesia has had four changes of government. The leaders of every regime in the reform era have a different background and thus also have a vision that is different in treating the problem of racial intolerance, particularly against religious aspect. This treatment causes the accomplishment difference each different regimes of dealing with the diversity of race, religion and class that has become the hallmark of Indonesian society.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

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