scholarly journals KEDUDUKAN BADAN HUKUM SEBAGAI SUBJEK HUKUM DALAM HUKUM EKONOMI SYARIAH

2020 ◽  
Vol 17 (2) ◽  
pp. 216-242
Author(s):  
Panji Adam

In the study of Islamic economic law the discussion of the contract occupies a very important position. The contract is said to be legally valid when compliance with the terms and conditions for the validity of the sharia agreement. One of the pillars that must be fulfilled is the parties who carry out the contract. In the classical muamalah fiqh study the parties that are the subject of law are only individuals, but as time goes by, there is a development, not only individuals who are legal subjects, but legal entities are subject to law. The position of this legal subject is recognized in the perspective of sharia economic law because it is the result of an analogy of human existence as a legal subject as long as it does not contradict sharia principles. In terms of fiqh muamalah the legal entity is usually called syakhsyiyyah i’tibariyah. The implementation in the context of Islamic economic law is in the form of contemporary partnership agreements.

2014 ◽  
Vol 8 (1) ◽  
pp. 73-92
Author(s):  
Dyah Hapsari Prananingrum

AbstrakSebagai pihak yang dapat bertindak dalam hukum, subjek hukum memiliki kewenangan hukum yang tidak dimiliki pihak lain. Ada dua katagori subjek hukum yaitu manusia dan badan hukum. Manusia sebagai subjek hukum yang bersifat natural. Pertanyaan siapakahmanusia sehingga dia dapat menjadi subjek hukum, tidak dapat dijawab hanya dengan satu kalimat. Esensi manusia sebagai salah satu dasar menjawabnya. Pertanyaan selanjutnya adalah apakah badan hukum itu sehingga dia dapat berkedudukan sebagai badan hukum. Pertanyaan-pertanyaan inilah yang akan dijawab oleh tulisan ini.AbstractAs the parties that are capable to act under the law, legal subject possess particular capacity that is not possessed by other entity. There are two categories of legal subjects, namely human and legal entities. Humans as a legal subject that is natural. However, the question of who is human as the legal subject can not be answered just in one sentence. The analysis of human nature is one way to provide a substantial answer. The next question is what is a legal entity so that it is regarded as a legal subject. These questions will be addressed properly in this paper.


2016 ◽  
Vol 16 (2) ◽  
pp. 229-240
Author(s):  
A. Chairul Hadi

Corporate Social Responsibility and Zakat of Company in the Perspective of Islamic Economic Law. Awareness of social responsibility by companies (corporate social responsibility) is increasing today. Almost every company has a board focusing on social services. In the Islamic banking industry, this social responsibility gets serious attention. The study revealed that besides allocating social funds, Islamic banks allocate funds for zakat of company as an obligation of a legal entity (syakhshiyyah hukmiyyah).DOI: 10.15408/ajis.v16i2.4453


2021 ◽  
Vol 7 (3B) ◽  
pp. 286-291
Author(s):  
Viktoriia Piddubna ◽  
Anatoliy Stativka

The article analyses the characteristics of the participation of legal entities under public law in contractual relations. The concept of a legal entity under public law has not yet been developed. At the same time, the doctrine indicates the marks of legal entities under public law. The article discusses in more detail the agreement on the lease of the complex of full ownership of state property. The author analyzes the legal nature of the contract, the characteristics of the composition of the subject, the subject of the contract, essential conditions, questions of termination and termination of the contract. The legal nature of the rental right is mandatory, since the lease gives rise to legal relations of ownership and arises on the basis of a contract. Scientific approaches to the concept of "company" are investigated and, according to the author, the company should function as an object and not as a subject of law.


2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.


2020 ◽  
Vol 12 ◽  
pp. 70-77
Author(s):  
Aleksandr V. Fedorov ◽  

The article is devoted to the issues of criminal liability of legal entities in the Republic of Estonia, established by the Penitentiary Code of the Republic of Estonia in 2001. It is noted that the model of criminal liability is implemented in Estonian legislation, in which a legal entity is recognized as the subject of a guilty act. At the same time, only legal entities of private law can be held criminally liable, while the law does not provide for the prosecution of public legal entities. It is indicated that a legal entity is liable in the event of committing guilty acts (crimes and misconduct) in the interests of the relevant legal entity by its body, a member of this body, a senior employee or a competent representative. The main and additional types of criminal penalties for legal entities are considered.


2018 ◽  
Vol 212 ◽  
pp. 09007
Author(s):  
Vitaliy Peshkov ◽  
Tatiana Doroshenko ◽  
Irina Sukhanova

The purpose of the study is to analyze the problems of applying the laws on regulated purchases No. 44-FZ and No. 223-FZ when reorganizing legal entities on the example of transformation of a unitary enterprise into a joint-stock company. The subject of this research is the system of regulated procurement by certain types of legal entities, and purchases implemented within the contract system of the Russian Federation. The subject of the study is the organization of the procurement system by the customer during the transition from the rules established by the Law No. 44-FZ to the rules established by the Law No. 223-FZ (and vice versa). To achieve this purpose, the following research objectives are set: 1) to analyze the issues occurring during the transition period when reorganizing legal entities; 2) to systematize the results of the research; 3) to suggest measures to improve the process of changing the system of regulated purchases by the customer. The authors studied the issues of applying the laws on regulated purchases No. 44-FZ and No. 223-FZ when reorganizing legal entities, as well as when changing normative regulation as referred to the procurement system used by a legal entity. The analysis of the process of reorganization of a unitary enterprise into a joint-stock company in the form of transformation regarding the transition from the Law No. 44-FZ to the Law No. 223-FZ has been conducted, issues identified and a set of recommendations for their solution developed.


2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Nur Adhim ◽  
Siti Mahmudah ◽  
Kornelius Benuf

UUPA regulates that legal subjects to land rights, including land with the right to Building Rights (HGB), are owned by Indonesian citizens or legal entities established under Indonesian law and domiciled in Indonesia. A different thing happened when the issuance of a Circular from the Ministry of Agrarian Affairs and Spatial Planning (ATR) stated that a CV could apply for land rights in the form of HGB. The difference in the substance of the rules is the problem. This problem will be analyzed using normative juridical research methods, using secondary data, in the form of primary legal materials, and secondary legal materials. The author concludes that a CV cannot be granted a HGB certificate, because a CV is not a Legal Entity, and if it is done on behalf of another person or nominee there is a criminal threat.


Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 35-45
Author(s):  
Ardani Retno Nindito

The main subject of research is Container Position and Notary Authority in Making the Transitional Deed, with the formulation of the problem What is the position of Container House as a moving object and What is the notary's authority in making the Container House transitional deed. The conclusion is as follows: The position of Container House as a moving object, that container as an object that is valuable goods, property as a wealth, to the holder as the subject of rights is a private body or persoon, the right object is called an object, which means that the object of rights is object. Containers can be privately owned in the sense of individuals or legal entities, who are both legal subjects and can act according to law. Containers either as movable objects or immovable objects (planted in land parcels) can be used as objects of property rights in accordance with the provisions of Article 489 of the Civil Code. The authority of the notary in making Container House transfer deed, that the container building, the transfer of rights if built together with the land and the owner of the container building will divert the container along with the land can be proven by PPJB deed made before a notary or AJB made before PPAT. If the container building is only affixed, so that if it is transferred it does not damage the basic objects, the transfer of rights can be done with PPJB or with AJB made before a notary


2019 ◽  
Vol 19 (1) ◽  
pp. 82
Author(s):  
Rini Retnowinarni

<em>Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.</em>


Media Iuris ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 189
Author(s):  
Perwitiningsih Perwitiningsih ◽  
Rikardo Simarmata

This research is aimed at analyzing family status as legal subjects i.e. rights, wether husband and wife are considered as a legal subject or an independent individual subject. The discussion of this research is focused on the family as the legal subject in the management of joint assets.  This research concludes that the family is one legal subject as member of marital assets.  In law inforcement, family is a civil partnership between husband and wife who act as caretaker. marital assets are civil partnership assets. A family in taking legal actions against the joint assets must act with the consent of the husband and wife, and without mutual consent the transaction is null and void by law.  Every transaction that is carried out by the husband or wife on behalf of the family and used for the benefit of the family becomes jointly and severally husband’s and wife’s responsibility if there is a loss from the transaction. A family civil partnership is not a legal entity because is does not fulfill the formal requirements as an Indonesian legal entity.Keywords: Family;  Legal Subjects;  Marital Assets. Penelitian ini bertujuan untuk menganalisis status keluarga sebagai subyek hukum, apakah suami-isteri sebagai keluarga dianggap satu subyek hukum atau masing-masing menjadi subyek hukum yang mandiri. Pembahasan difokuskan pada keluarga sebagai subyek hukum dalam pengurusan harta bersama perkawinan. Penelitian ini menyimpulkan bahwa keluarga dianggap satu subyek hukum dalam kaitannya sebagai subyek pemilikan harta bersama. Dalam lalu lintas hukum, keluarga merupakan sebuah persekutuan dengan suami-isteri yang bertindak sebagai pengurusnya. Harta bersama adalah harta persekutuan, keluarga dalam melakukan perbuatan hukum terhadap harta bersama harus bertindak atas persetujuan suami dan isteri, tanpa persetujuan satu sama lain transaksi tersebut tidak sah dan batal demi hukum. Setiap transaksi yang dilakukan suami atau isteri atas nama keluarga dan digunakan untuk kepentingan keluarga, maka suami-isteri bertanggungjawab secara tanggung renteng apabila terjadi kerugian yang ditimbulkan dari transaksi tersebut. Persekutuan keluarga bukan persekutuan yang berbadan hukum karena tidak memenuhi syarat formil sebagai badan hukum Indonesia.Kata Kunci: Keluarga; Subyek Hukum; Harta Bersama. 


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