scholarly journals PERJANJIAN DENGAN JAMINAN FIDUSIA BERDASARKAN PERATURAN MENTERI KEUANGAN REPUBLIK INDONESIA NOMOR 130/PMK.010/2012

2021 ◽  
Vol 3 (4) ◽  
pp. 97-104
Author(s):  
Harniwati Harniwati

The provision of fiduciary guarantees in banking transactions generally uses a notarial deed and has been clearly regulated, but how about the implementation of the fiduciary guarantee. Implementation of the Agreement with Fiduciary Guarantee Based on the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/Pmk.010/2012”. The research method used in this research is mainly library research by examining secondary data, sourced from primary, secondary and research legal materials. This is done to obtain the necessary accurate data related to the problem under study. The registration of fiduciary guarantees has been determined by the Fiduciary Guarantee Law Number 42 of 1999, which is also confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012.

2019 ◽  
Vol 2 (2) ◽  
pp. 352-369
Author(s):  
Ahmad Dediansyah

This study aims to determine the position of the functions and authority of the Regional Representative Council based on the 1945 Constitution of the Republic of Indonesia and the urgency of strengthening the function of the Regional Representative Council as a regional representative in national policy making at the central level. The research method used is a normative legal research method that focuses on library research, namely the search for legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. to obtain secondary data from legal materials. The normative approach is carried out by reviewing the provisions or regulations in force. Basically, the existence of the Regional Representative Council through an amendment to the 1945 Constitution of the Republic of Indonesia is based on the existence of 2 (two) factors, namely democratization and efforts to accommodate regions in making national policies, theoretically the existence of the Regional Representative Council is intended to apply the principle of checks and balances between state institutions, namely the process of mutual supervision and balance between State institutions. This was done to strengthen central and regional relations in order to maintain the integrity and unity of the unitary state of the Republic of Indonesia. However, based on the amendment results of the 1945 Constitution of the Republic of Indonesia the authority of the Regional Representative Council to carry out its function as a regional representative is still inadequate, so the desire to implement the principle of checks and balances between State institutions is still not realized.


2019 ◽  
Vol 6 (4) ◽  
pp. 363-376
Author(s):  
Syafrida Syafrida ◽  
Ralang Hartati

AbstractGlobalization and free trade cause increased circulation of products both imported and local in the community. The Republic of Indonesia as the country with the largest Muslim population in the world. Islamic Sharia requires its people to consume halal products and forbid products that are not halal. Article 4 UUJPH, all products circulating in the community must be halal certified. Many imported food and beverage products traded in the community have not provided protection and guaranteed halal products for Muslim consumers. The problem is, how is the halal certificate procedure for imported products in force in Indonesia. The research method used is library research using secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials, normative juridical research. The result of the research is that imported products that are certified overseas that have cooperated with the adjustment of halal certificates with the State of Indonesia, then imported products are no longer required to submit applications for halal certificates, but to register overseas halal certificates at BPJPH to obtain a halal registration number from the head of BPJPH. The halal registration number is listed next to the halal logo on the product packaging or in certain places that are easily seen, read by consumers.Keywords: Halal Certificate, Imported Products, UUJPH AbstrakGlobalisasi dan perdagangan bebas menyebabkan meningkatnya peredaran arus produk baik impor maupun lokal di masyarakat. Negara Republik Indonesia sebagai Negara berpenduduk muslim yang terbesar di dunia. Syariat Islam mewajibkan kepada umatnya untuk mengonsumsi produk halal dan mengharamkan produk yang tidak halal.  Pasal 4 UUJPH, semua produk yang beredar di masyarakat wajib bersertifikat halal. Banyak produk impor makanan dan minuman yang diperdagangkan di masyarakat yang belum memberikan perlindungan dan jaminan kehalalan produk bagi konsumen muslim.  Permasalahan, bagaimana prosedur sertifikat halal untuk produk impor yang berlaku di Indonesia. Metode penelitian yang digunakan adalah penelitian kepustakaan dengan menggunakan data sekunder berupa bahan hukum primer, bahan hukum sekunder dan bahan hukum tertier, peneltian bersifat yuridis normatif. Hasil penelitian bahwa produk impor yang bersertifikat luar negeri yang telah melakukan kerja sama penyesuaian sertifikat halal dengan Negara Indonesia, maka produk impor tidak diperlukan lagi mengajukan permohonan sertifikat halal, tetapi melakukan registrasi sertifikat halal luar negeri pada BPJPH untuk mendapatkan nomor registrasi halal dari kepala BPJPH. Nomor registrasi halal tersebut dicantumkan berdekatan dengan logo halal pada kemasan produk atau pada tempat tertentu yang mudah dilihat, dibaca oleh konsumen.Kata Kunci: Sertifikat Halal, Produk Impor, UUJPH


Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.


Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 245
Author(s):  
Baharudin Baharudin

Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical.


QATHRUNÂ ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 91
Author(s):  
Asep Muqofi

The purpose of this research is 1) the value of tawheed in education according to Muhammad Abduh; 2) the value of tawheed in education according to Rasyid Ridha; 3) the equation and difference in the value of monotheism in Islamic education according to Muhammad Abduh and Rasyid Ridha. The research method used is library research research (library research). The primary data source in this study is the Book of Tafsir al Manar by explaining the thought of learning Tawheed from two influential figures, while the secondary data in this study are books, journals, papers, articles or other sources that do not discuss directly but still have something to do with this research. The findings of this study, according to the two figures, that thinking rationally in achieving a misfortune must be adjusted to the current situation so that new interpretations by opening the door of ijtihad, instilling noble morals, clean souls, accompanied by high education can make faith stronger, form The mindset of a child who gives birth to positive behavior while at the same time realizing a pious person who will achieve happiness in the afterlife, this will form a person who has a balanced mental structure that not only emphasizes the development of reason but also spiritual development so that signs of the greatness and oneness of God materialized and integrated.


2021 ◽  
Vol 7 (1) ◽  
pp. 280
Author(s):  
Muzayanah Muzayanah

The Republic of Indonesia is a state based on the rule of law in implementing state administration based on Pancasila and the 1945 Constitution. The administration of government with a democratic system in which the highest sovereignty is in the hands of the people and in its implementation the people elect a leader to run the government. To determine the regional leader / regional head must be carried out through regional head elections. Regional head elections are intended to continue the government which has ended its term of office. Therefore, regional head elections must be held simultaneously throughout the territory of the Republic of Indonesia. The holding of regional head elections is a big job and is the responsibility of all parties, including all citizens of the Republic of Indonesia, so that the implementation of regional head elections runs well. The regional head elections in question have been held and are the result of the hard work of various relevant state institutions that have carried out their duties and responsibilities, in this case the General Election Commission (KPU) which has held regional head elections simultaneously throughout the territory of the Unitary State of the Republic of Indonesia (NKRI). ). The 1945 Constitution of the Republic of Indonesia regulates the voting rights of citizens to participate and actively participate in determining regional leaders / regional heads who will lead in their respective territories. Citizens have the right to vote to vote at regional head elections. This is of course an awareness and responsibility as citizens so that regional leaders / regional heads are elected who are able to organize government and create prosperity and justice based on the values contained in the principles of Pancasila. The problem in this research is how a juridical study of the awareness of citizens to use their voting rights in implementing democracy in regional head elections?This research is a normative juridical research with the Library Research research method. The data collection method uses secondary data in the form of primary legal materials and secondary and tertiary legal materials. The population in this study is a random population of residents / community of Pengkol hamlet, Mangunsari village, Gunung pati District, Semarang City. The results of the research show that people in this region as citizens of the Republic of Indonesia have the awareness and responsibility to exercise their voting rights in the implementation of regional head elections, especially the election for Mayor and Deputy Mayor of Semarang on December 9, 2020. Regional head elections in this region have been going well and in a conducive situation even though it was held during the Covid-19 pandemic. It is hoped that the holding of this regional head election will produce regional leaders who have reliable and quality leadership management and are able to bring the community to realize social justice for all Indonesian people.


Yustitia ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 94-107
Author(s):  
Saefullah Yamin ◽  
Nurwahyuni Nurwahyuni

Post reformation of the role and function of the House of Representatives of Republik Indonesaian (DPR RI) is returned to its corridor as a legislative institution that runs the legislative function (making laws/constitution), besides running budgeting fungction together with the president, and the oversight function of the implementation of the law and the budget in the administration of government carried out by the executive. Related to the lack of productivity of The House of Representatives (DPR) to carry out the legislative function, The performance evaluation of this legislation is not only seen in terms of the quantity of products made but its quality is also an important factor in assessing legislation products. The identification problems in this research are: What is the Position of the House of Representatives in the 1945 Constitution of the State of the Republic of Indonesia, and What is the Process of the Growth of the Post-Reformation House of Representatives.  In this research the library research method will be used or library research. Regarding this kind of research it is usually also called "Legal Research" or "Legal Research Instruction”. The position of The House of Representatives (DPR) after the amendment of the 1945 Constitution four times turned out to further strengthen its existence as the sole legislator. Although in the 1945 Constitution the amendment results also gave the President authority, but the authority he owned was not as big as The House of Representatives (DPR). And the process of the growth of the House of Representatives (DPR) Post-Reformation has strengthened the authority of the legislative instituion, in this case the House of Representatives of Republik Indonesian (DPR-RI) to maximize its role and function as a check and balances institution, after being strengthened, the House of Representatives (DPR) becomes tyrannical over the executive even over the state, because of its power and authority so great.


2020 ◽  
Vol 6 (2) ◽  
pp. 223-242
Author(s):  
Nurjannah Nurjannah ◽  
M.Wahyuddin Abdullah

The emergence of the Covid-19 pandemic in Wuhan has made economies in various parts of the world experience instability. The real form that can be seen from the Covid-19 impact on the economy today is the Termination of Employment Relationship (PHK). Many employees have been dismissed, and various companies are even threatened with bankruptcy. Other aspects affected include casual daily laborers, MSME actors, restaurant businesses, and other businesses that involve large numbers of people. The type of study was qualitative. The researcher would explore an object to find the potential that existed in the object. This study used a library research method using secondary data obtained from articles, research results, and reference books that discussed the same topic as research. Cash waqf as Islamic financial philanthropy required the strengthening during the current pandemic to assist in the establishment of a Waqf Hospital (RSW), especially for COVID-19 victims, waqf Personal Protective Equipment (PPE), waqf masks, waqf polyclinic, Waqf Isolation House (RIW) and vaccine funding. Additionally, it could help micro business actors in funding for the sustainability of their businesses affected by the pandemic. If there were beneficiaries of cash waqf (al-mauquf alaih) who were not limited to religious provisions, there would equal distribution of aid to help slow economic recovery


2020 ◽  
pp. 52
Author(s):  
Moh Slamet Untung

This study tries to describe the policy implemented by the Japanese fascist military authority toward pesantren education during their occupation in Indonesia. The research problem is how the policies used by the Japanese fascist military authority towards pesantren during their occupation in Indonesia before the independence of Indonesia. Primary data sources of this study include some works examining the policies of the Japanese fascist military authority towards pesantren education. Various scientific papers on Japanese colonization in Indonesia are used as secondary data sources of this study. This study uses historical approach and library research method focusing on the policies of the Japanese fascist military authority towards pesantren education. The collected data then were analyzed by using content analysis. This study exposes that the Japanese government provide more freedom for pesantren education than the Dutch colonial to develop themselves without any affection from the Japanese government. It could be seen from a fact that when pesantren were about to develop their basic potential as an educational institution teaching anti-colonial attitudes, Japanese government immediately acted repressively. They always monitored the kiai as well as all pesantren’s activities.


2019 ◽  
Vol 1 (1) ◽  
pp. 30-39
Author(s):  
Maryati B

The Helsinki 2005 Memorandum of Understanding (MoU) is a peace agreement that was made by the international law subjects upon the agreement between the states (Indonesia) and the rebel group (Free Aceh Movement - GAM).  However, there are some questions underlying this agreement. The first is whether the Helsinki MoU can be classified as an international agreement or not if it is viewed from the subjects who signed the agreement. The second issue is about the status of the parties who signed the MoU; whether it can be eliminated according tothe agreement rules or not. The last issue is due to the law consequences ifthose parties break the agreement during the implementation of the MoU. This studyused a qualitative research method. The primary data was collected through interviews and the secondary data was obtained through the library research. The data was analyzed by using descriptive analytical method that was written in the form of report.From the data analysis it is found that the MoU Helsinki is categorized as an international agreement which use a treaty contract that only applies to the parties who sign the agreement. Considering of this agreement that is signed by only two parties which bound by the agreement rules; so, the parties must not be eliminated. This is done in order to keep the agreement to be still in place and not extinct. Further, it is also found that if the infraction happens during the implementation of the agreement i.e break the local laws (qanun) and its derivatives; then, the inflicted party can prosecute the offender into the trial. They also can request for a detriment or ask for the correct implementation of the agreement as it is agreed upon the agreement. If the infraction does occur, it will put the agreement at risk and harm the MoU. It is suggested that the Indonesian government should implement the MoU as it is already stated in the agreement and also bring about the qanun that has been made by both parties. This is done as the way to keep the peace agreement still in place.


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