scholarly journals Zakat Management Concept to Accelerate Health and Economic Recovery during the COVID-19 Pandemic

2021 ◽  
Vol 9 (E) ◽  
pp. 1213-1217
Author(s):  
Moch Chotib
Keyword(s):  
Qualitative Research ◽  
Legal Protection ◽  
Legal Regulation ◽  
Economic Recovery ◽  
Legal Certainty ◽  
Economic Sectors ◽  
Policy Theory ◽  
The People ◽  
Management Concept

BACKGROUND: The COVID-19 pandemic impacts the zakat management of zakat institutions. Zakat is an Islamic obligation to donate a portion of one’s wealth. This is because the income of the muzakki (the people who pay the zakat) decreased. The pandemic caused the decline of people’s income, thus increasing the number of mustahik (zakat recipients). This condition encourages the application of a zakat empowerment concept that aims to accelerate people’s economy. AIM: This paper aims analyze the zakat empowerment concept in the health and welfare aspects during the pandemic, to obtain legal protection based on the benefit (maslahah) and policy theories. METHODS: This qualitative research aims to focus on the zakat empowerment concept in the aspects of health and welfare during the pandemic. RESULTS: The zakat institutions may channel the zakat to the mustahik who are affected by the pandemic in the form of medicine, COVID-19 vaccines, and capitals to families whose breadwinners lost their jobs or died due to the pandemic. This qualitative research aims to analyze the zakat empowerment concept during the pandemic in the aspects of health and welfare and its legal protection based on benefit (maslahah) theory and the policy theory. According to the policy theory, the zakat empowerment concept in the health and economic sectors during the pandemic is according to Law No. 23 of 2011 on Zakat Management. CONCLUSION: According to the maslahah theory, it is categorized as a maslahah hajiyah from the basis of maslahah al-mursalah. However, to give legal certainty and legal protection, the zakat empowerment concept in the health and economic sectors during the pandemic should be validated in legal regulation.

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

scholarly journals Legal protection of the Arctic environment related tourism activity

2020 ◽  
pp. 9-23
Author(s):  
Nikolai Kudelkin
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
The Arctic ◽  
Infrastructure Development ◽  
Negative Consequences ◽  
Negative Effects ◽  
Economic Sectors ◽  
Arctic Environment ◽  
Cruise Tourism ◽  
Tourism Activity

The Arctic continues to attract more and more tourists. In some of the Arctic regions, tourism in general and cruise tourism in particular is becoming one of the fastest growing economic sectors. However, aside from the economic benefit, the Arctic tourism poses a certain threat to the sensitive environment of the Arctic, which currently experiences constantly increasing pressure from economic activity and climate change. Major negative consequences of tourism activity include the pollution of territories and water zones, worry of animals, direct destruction of flora and fauna, loss of the places of habitat due to infrastructure development, etc. The listed facts underline relevance of the selected topic of research, as well as the need for legal protection of the Arctic environment from negative effects caused by tourism. Analysis is conducted on the current situation in the area of Arctic tourism, as well as the questions of Russia’s Arctic policy pertaining to tourism activity. A brief overview is provided to the international legal regulation in this sphere. The author concludes on the insufficiency of legal regulation in the area of Arctic tourism, and gives recommendations on the improvement of Russian legislation. It is noted that tourism is one of the few types of activities in the Arctic that sparks interests of multiple countries, and in which the acceptance of universal standards seems possible.

scholarly journals The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

2018 ◽  
Vol 54 ◽  
pp. 03001
Author(s):  
Enny Agustina
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Administrative Law ◽  
Legal Certainty ◽  
Government Action ◽  
Legal Decisions ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Dutch Literature

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

scholarly journals SPECIFIC FEATURES OF THE FORMATION OF CITIZENS’ RIGHT TO USE NATURAL OBJECTS OF THE OWNERSHIP RIGHT OF THE PEOPLE OF UKRAINE IN THE XX CENTURY

2020 ◽  
pp. 100-116
Author(s):  
Viktor Branovytskiy ◽  
Keyword(s):  
Natural Resources ◽  
Legal Regulation ◽  
Soviet Period ◽  
Legal Interpretation ◽  
Scientific Cognition ◽  
Natural Objects ◽  
The People ◽  
Management Concept ◽  
Sphere Of Influence ◽  
First Time

The purpose of the article is to clarify the peculiarities of the formation of citizens’ right to use natural objects of the ownership right of the people of Ukraine in the XX century. Methods. The research methodology consists of such methods of scientific cognition as: systematic and structural, historical and legal, comparative and legal, formal and legal, interpretation, deduction, induction, analysis, synthesis, etc. Results. The author studies in the section “Period of power changes on the territory of Ukraine” the peculiarities of the legal regulation of the rights to natural objects in the period from 1917 to 1920 and finds out that there was no single practice of regulating natural management relations at that time in Ukraine, since it changed depending on the region, the authorities whose sphere of influence extended to it and the year of issuance of the regulatory act. The author studies in the section “Soviet period” the specifics of the legal regulation of the rights to natural objects during Ukraine’s stay in the USSR and finds out that the only form of the ownership to all natural objects was state, the natural management concept was significantly developed, the mechanism of administrative and legal provision for the realization of citizens’ right to use natural objects of state property, an extensive system of legislation were formed. The author emphasizes in the section “Period of Sovereign Ukraine” how the approach to the regulation of the rights to natural objects was changed after Ukraine’s secession from the USSR, especially the ownership right of the people of Ukraine to natural resources and citizens’ rights to use them. Conclusions. The author indicates in the conclusions: when and which regulatory legal acts enshrined for the first time the people’s ownership to natural objects, citizens’ right to use natural objects of the ownership right of the people and the procedure to use them at the legislative level; main features of legal regulation of the rights to natural objects in the period from 1917 to 1920, the Soviet period and the period of sovereign Ukraine; the circumstances depending on guaranteeing this right. Finally, the author formulates a position according to which it is necessary to distinguish land plots and other objects that may be owned by others and those that constitute the exclusive ownership of the people due to their value and significance. Besides, the author emphasizes the need to get back to the method of normative and legal regulation of the rights to natural objects, which was used in 1990–1991, when the people of Ukraine were endowed with independent powers and had a real status of the owner to natural resources.

THE URGENCY OF MORTGAGE AGREEMENT AS AN EFFORT TO REALIZE THE TRUST BY BANK AS CREDITOR

2021 ◽  
Vol 10 (1) ◽  
pp. 31
Author(s):  
Ika Atikah
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Bank Credit ◽  
Legal Certainty ◽  
Vital Function ◽  
Conceptual Approach ◽  
Credit Guarantees ◽  
Banking Institutions ◽  
Credit Agreement ◽  
Mortgage Law

This study focuses on the legal certainty of the implementation of loans for mortgage rights which are the object of collateral in the form of money-valued objects when bad loan occurs, which are regulated in the main agreement as an effort to manifest the trust of creditors of banking institutions whose existence is highly sought after by the Indonesian people. The method used in this study focuses on the normative with the conceptual approach and statute approach. The results of this study indicate that Credit agreements must be considered by the bank as creditor and by the customer as the debtor, considering that credit agreements have a vital function in granting, managing, and managing the credit itself. The existence of a guarantee in a bank credit agreement is significant, namely as a means of legal protection for bank security in overcoming risks. There is a certainty that the debtor customer will pay off his loan. This is based on the explanation of Banking Laws, PBI, and POJK, which requires banks' caution as creditors for loans to debtors based on the belief in the debtor's ability to pay off his obligations as agreed in the agreement. The land is material security which is most in demand by banking institutions as security of mortgage rights. The use of land as a trusted and consumptive credit is based on the consideration of the safest land and has a relatively high sale value. The urgency of objects Securing mortgage rights as stipulated in the credit agreement cannot be separated from the guarantee itself. Credit guarantees are always stated in an additional agreement, namely the Collateral agreement. The need for funds by people or institutions provides credit by providing excellent services and providing legal protection for the parties in the transaction so that no one is harmed in the transaction. The state provides legal protection by stipulating legal regulation relating to credit so that banks as creditors have legal certainty in the process of executing credit collateral objects for optimal repayment. Mortgage Law states that creditors have full rights in executing debtor's collateral goods when bad loans do not have to go through litigation.

scholarly journals Clarity and legibility of legal norms as an element of legal certainty

2020 ◽  
Vol 11 (11) ◽  
pp. 185-189
Author(s):  
Ogneviuk G. Z.
Keyword(s):  
Legal Regulation ◽  
Legal Norm ◽  
Legal Certainty ◽  
Legal Form ◽  
Legal Norms ◽  
The People ◽  
Protection Of Human Rights ◽  
The Law ◽  
External Form ◽  
Discretionary Powers

The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability.

scholarly journals Clarity and legibility of legal norms as an element of legal certainty

2021 ◽  
pp. 210-215
Author(s):  
G. Z. Ogneviuk
Keyword(s):  
Legal Regulation ◽  
Legal Norm ◽  
Legal Certainty ◽  
Legal Form ◽  
Legal Norms ◽  
The People ◽  
Protection Of Human Rights ◽  
The Law ◽  
External Form ◽  
Discretionary Powers

The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability

scholarly journals Jual Beli Di Bawah Tangan Terhadap Lahan Tempat Tinggal Transmigran Di Nagari Ranah Palabi Kecamatan Timpeh Kabupaten Dharmasraya Provinsi Sumatera Barat (Studi Pada Kantor Pertanahan Kabupaten Dharmasraya Provinsi Sumatera Barat)

2020 ◽  
Vol 2 (2) ◽  
pp. 39-56
Author(s):  
Randa Iolanda Putra
Keyword(s):  
Legal Protection ◽  
Research Problem ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Title ◽  
Legal Standing ◽  
The People ◽  
Land Transaction ◽  
The Right

ABSTRACT The registration of land rights concerning title status, right subject, and right object is intended to guarantee legal certainty, legal protection, utility. According to UUPA, PP on Land Registration, and its derivation, it is one of the activities of safeguarding the land. The change in physical data and/or juridical data include the coverage of land registration data by transaction which can be proved with PPAT certificate. In reality, in Nagari Ranah Palabi, the transaction is done underhendedly on land title of the transmigrant settlement. The research problem is how about the cause, legal standing, and registration of the transfer of underhanded land transaction on the land right of transmigrant settlement. The research theories are the theory of legal certainty, theory of legal protection, and theory of utility. The research used juridical empirical and descriptive analytic method by analyzing primary data obtained directly from the people in the field. It wa done in Nagari Ranah Palabi, Timpeh Sub-district, Dharmasraya Regency, West Sumatera Province. The result of the reseacrh shows that underhanded transaction of the land of transmigrant settlement includes inexpensive cost, quick process, and easy to do. Legal standing of the transactiondoes not meet material requiment since it is not a certificate made before a PPAT even thougt it is allowed materially. Consequently, it cannot be registered in the Land Office and filing the claim to Court cannot do the proceeding because there is no dispute in it. Therefore, the request for the right for the land cannot be accepted by the Court. It is recommended thet legal counseling about legal consequense of underhanded transaction of the land for residence be provided. Accurate regulation for the people on land right for residence concerning formal preprequisite should be made – certificate made before a PPAT for registering land title transfer. Concerning the absence of the seller or ‘afwezigheid’ the buyer has the right to lodge a request the land right in the transmigrant land. Keywords : Land Transaction;Land for Residence;Transmigrant.

Settlement of Loans in Arrears by Using Parate Execution of Collateral Bearing Mortgage Rights

2021 ◽  
Vol 4 (1) ◽  
pp. 159-167
Author(s):  
Rr. Dijan Widijowati ◽  
Mulyono
Keyword(s):  
Qualitative Research ◽  
Legal Protection ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Primary Data ◽  
Legal Certainty ◽  
Banking Services ◽  
Sense Of Security ◽  
The Government ◽  
Credit Agreement

Various fields related to business always require banking services. Then the government created Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking. Lending by a bank as a creditor to a customer as a debtor must be carried out with an agreement in a compact form. The important thing in a credit agreement is collateral or guarantee. Collateral in banking practice can be bound by Law Number 4 of 1996 concerning Mortgage Rights for objects related to land. The Bank believes that material collateral in the form of land will provide a greater sense of security and legal certainty execution if the debtor fails to fulfil his promises to his obligations. Different implementations can execute objects that are the object of Guarantee Rights. The main problem is implementing bad debts by para the execution of collateral things saddled with mortgages. How is the implementation of legal protection for creditors if there is resistance from the debtor due to the execution part's performance? This research uses a descriptive qualitative approach. The main sources in qualitative research are primary data and secondary data. Researchers collect data through observation and documentation. Data analysis was performed using qualitative juridical analysis methods. The conclusion obtained is that the implementation of the settlement of lousy credit through separate execution of the collateral object that is burdened with mortgage rights is to sell the bank guarantee object as a creditor in the event of bad credit. This is done to cover the debtor's obligations, Then the implementation of legal protection for creditors if there is resistance from the debtor due to the execution of the execution Parate is to apply the provisions in Article 6 of the Mortgage Rights Law.

scholarly journals Upaya Perubahan Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

2015 ◽  
pp. 166-183
Author(s):  
Yelia Natasya Winstar ◽  
Devie Rachmat Ali Hasan R
Keyword(s):  
Legal Protection ◽  
The Other ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Other Hand ◽  
The People ◽  
Maximum Protection ◽  
The Law

The Fiduciary Act should provide legal protection of the parties and legal certainty, but on the other hand there are still some weaknesses of the Fiduciary Act. This paper analyzes the weaknesses of Act Number 42 Year 1999 on Fiduciary and the need for revising the Act. The type of research is a normative legal research or library which includes a study of the principles of law and the systematics of law. The research uses the statute approach and the conceptual approach. Based on the analysis it can be concludde that it requires to revise the Fiduciary Act. Legislators should produce the law not only ensuring the legal certainty but they also can provide the law presenting justice and prosperity for the people. Revision of the Fiduciary Act is expected to provide maximum protection to the people who use the fiduciary as a guarantee agency; so that the justice will be obtained by the people to create a conducive atmosphere in the economy to increase the prosperity for them.

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