IIMPLEMENTATION OF LEGAL CERTAINTY ON COMPARATIVE STUDIES OF IJARAH MUNTAHIYA BITTAMLIK & RENTAL CONTRACT

In recent times, it has become common among the public regarding the Ijarah Muntahiya Bittamlik (IMBT) contract. IMBT is a contract similar to a lease and purchase agreement. In practice in the community, these two contracts are carried out by means of renting first and ending with buying and selling. Although, in general they have similarities, these two agreements have differences that have different consequences. The research method used in this study is doctrinal legal research with a comparative law approach. The results of this study indicate that the IMBT contract has more legal certainty than the lease-purchase agreement. This is because the IMBT contract has provisions regulated in the Sharia Banking Law, the Sharia Economic Law Compilation, and PSAK No. 107 concerning Ijarah and IMBT accounting, while the lease purchase agreement is only based on the principle of freedom of contract. The implementation of the IMBT contract also has more legal certainty, considering that dispute resolution efforts can be carried out through the provisions of Article 283 and Article 284 of the KHES by carrying out sales of the disputed object. This is different from a lease-purchase agreement, where dispute resolution efforts are generally carried out through unilateral withdrawals and the agreement also contains standard clauses that have the potential to violate Article 18 of the Consumer Protection Law.

RE-ORIENTATION OF LEGAL POLICY FOR USING OF FOREIGN WORKERS IN INDONESIAN JUSTICE

The existence of foreign workers, which so far has not been balanced with clear legal arrangements, has in its development led to problems of legal certainty in the field of employment. This writing uses doctrinal research or normative juridical research as for the research results obtained that the re-orientation of the implementation of legal policies on the use of foreign workers has not been able to achieve justice. This is because the legal politics of the use of foreign workers has resulted in reduced job opportunities for domestic workers, which in turn resulted in unemployment and poverty problems. Weaknesses in the implementation of the politics of using foreign workers are the shortcomings in the form of time limits and the amount of use of foreign workers is not clearly regulated in the politics of foreign labor law in Indonesia, then the weakness in the case of dualism in work permits for foreigners in Act No. 13 of 2003 and Act No. 6 of 2011.

AN EXAMINATIONS OF ALLEGATION OF NON-COMPLIANCE WITH AML/CFT LAWS AGAINST ISLAMIC BANKING

The dangerous dimension which the terrorism financing incursion introduced to peace and harmonious life globally makes the issue of money laundering and combatting financing terrorism (AML/CFT) a serious phenomenon. The compliance with the AML/CFT laws now generates global interest. Assessment of whether Islamic banks are complying with AML/CFT compliance measures becomes a grave issue that require attention particularly against the background of allegation by Western countries of lax control and supervision. This is probably because of the havoc that the world has continuously experienced as a result of this menace. The issue has continued to come in different dimensions and like a Siamese twin, the banks have become the focal point and inseparable in the issue of how to combat this menace. Incidentally, the increase in the growth and development of Islamic banks across the globe has dragged it to the centre of discussion. Thus, there have being a recurring issue on Islamic financial institutions regarding its compliance with Anti-money laundering laws and Combating Financing Terrorism (AML/CFT) measures. There were allegations of non-compliance with AMLCFT laws by Islamic banks, particularly by some Western countries led by the United States of America. Consequently,� the issue of combatting money laundering and terrorism has become a major issue in the global domain. This paper has extensively examined the allegation of non-compliance of Islamic banks with AML/ CFT laws. This is done by beaming searching light on the growing perception of lax in the control, monitoring, weak supervision, and non-compliance of Islamic banks with AML/CFT measures that is been spearheaded by some western countries, led by the US. Thus, by using the doctrinal research methodology, the paper sought to determine the veracity of the allegation and incidentally found that the allegation is not only baseless but lacks empirical evidence.�

THE SYNCHRONIZATION NECESSARY OF NOTARY SUPERVISION BY NOTARY SUPERVISORY AND HONOUR COUNCIL

In line with the Notary's accountability for his authority, and compliance with that authority, legal certainty must be guaranteed with a continuous and effective supervision and guidance. There are currently two notary supervision and guidance institutions in Indonesia, namely the Notary Supervisory Council and the Notary Honorary Council. This study uses a normative juridical approach, which is a research that is focused on examining the application of norms or norms in positive law. Article 67 paragraph (2) of Act No. 2 of 2014 states that the Notary Supervisory Council shall supervise notaries including the behavior of the notary and the implementation of office by the notary. Meanwhile, the Honorary Council itself only provides guidance and supervision to the extent that it violates ethics. What must be remembered is that the authority possessed by the Notary Supervisory Council looks so 'broad'. This is because the Notary Supervisory Council is not only authorized to carry out guidance and supervision of notaries who violate the provisions of the law. However, the Notary Supervisory Council also provides guidance and supervision of ethical violations as carried out by the Honorary Council. The conclution of this reseach is Synchronization of Notary Supervision by the Notary Supervisory Council and guidance by the Notary Honorary Council in law enforcement is very necessary.

STATUS EFFECT ON CHILDREN OUTSIDE MARRIED STATUS AFTER CONSTITUTIONAL RELIGIOUS COURT DECISION

The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.

ILLEGAL LAND GRAB: ISRAEL'S SEIZURE OF LAND IN PALESTINE

Since 1967, each Israeli government has invested significant resources in establishing and expanding the settlements in the Occupied Territories, both in terms of the area of land they occupy and in terms of population. As a result of this policy, approximately 380,000 Israeli citizens now live on the settlements on the West Bank, including those established in East Jerusalem (this report does not relate to the settlements in the Gaza Strip). During the first decade following the occupation, the Ma'arach governments operated on the basis of the Alon Plan, which advocated the establishment of settlements in areas perceived as having "security importance," and where the Palestinian population was sparse (the Jordan Valley, parts of the Hebron Mountains and Greater Jerusalem). After the Likud came to power in 1977, the government began to establish settlements throughout the West Bank, particularly in areas close to the main Palestinian population centers along the central mountain ridge and in western Samaria. This policy was based on both security and ideological considerations. The political process between Israel and the Palestinians did not impede settlement activities, which continued under the Labor government of Yitzhak Rabin (1992-1996) and all subsequent governments. These governments built thousands of new housing units, claiming that this was necessary to meet the "natural growth" of the existing population. As a result, between 1993 and 2000 the number of settlers on the West Bank (excluding East Jerusalem) increased by almost 100 percent.

Legal Problems Regarding the Implementation of the Obligation to Read the Notary Deed

Reading the deed is an obligation in every authentic deed is made, the reading of the deed by a notary is part of the verlijden or the inauguration of the reading and signing of the deed in question. If the reading of this deed is related to the making of an authentic deed which is part of perfect proof, it is clear that making a notary deed requires the real presence and physical position of the parties concerned. The purpose of this research is to analyze the Notary Public is obliged to read out the deed made based on Act No. 2 of 2014 concerning the Position of Notary Public, To analyze the legal problems of reading deeds made by the Notary, To analyze the legal consequences of deeds that are not read by a Notary based on Act No. 2 of 2014 concerning the Position of a Notary Public. The method used in this research is the method used in this research is juridical empirical, namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects.The legal problem of reading deeds made by notaries, related to article 16 paragraph 7 of the Law on Notary Position regulates deviations from article 16 letter m. Where in Article 16 paragraph 7, it is stated that the reading of the deed is not mandatory, if the viewer wants the deed not to be read because the viewer has read it himself, knows and understands its contents, provided that it is stated in the cover of the deed and also on every minuta deed page initialed by the parties, and witnesses, as well as a notary. The legal consequence of the deed which is not read out by the notary based on Act No. 2 of 2014 concerning the Position of Notary Public, the deed which is not read out is still an authentic deed as long as the reasons for not reading the deed are stated.

Juridical Review of Executorial Confiscation Power after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 Against Act No. 42 of 1999 Regarding Fiduciary Guarantee

The purpose of this research is uTo: 1) To determine the legal strength of the executorial confiscation of a fiduciary guarantee certificate against a debtor who is in default (in default) and does not want to voluntarily hand over the goods that are the object of fiduciary security and 2) To know the procedure for implementing the execution of a fiduciary guarantee certificate for debtors who are in default (default) After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 and (3) To find out what weaknesses and solutions can be obtained from the Constitutional Court Decision Number 18 / PUU-XVII / 2019. The data used in this study are primary data, secondary data, and tertiary data that can support the assessment, which are then analyzed using the normative juridical method. Based on the results of data analysis, it is concluded that: 1) based on the decision of the Constitutional Court Number 18 / PUU-XVII / 2019 seizure of the execution of the fiduciary guarantee by the creditor mustdone when there is an agreement regarding the default and the debtor's willingness to hand over the object that becomes the object of fiduciary. 2) If there is no agreement regarding default and the debtor does not voluntarily submit the object of guarantee, then the procedure for executing the fiduciary guarantee is carried out the same as the execution of a court decision which has permanent legal force.

The Effectiveness of Implementing Internship in Making A Professional Notary in Jepara District

The implementation of internships for Notaries is very important, however, in reality the awareness of the Notary candidates has not been carried out effectively, this is due to the practicality of prospective Notaries who want to practice immediately so that not infrequently, the internships are not carried out according to the time set by the existing regulations. The method in this writing is descriptive analytical. Based on the available data, it is found that in fact the effectiveness of the extension of the internship period is 12 (twelve) months to 24 (twenty four) months depending on the intention of the prospective notary who interned himself. Some notaries experience difficulties and experience confusion when opening an office even though they have undergone an internship period of 24 (twenty four) months. This is because they do not take advantage of time and do not undergo apprenticeship activities properly. The absence of an internship implementation guideline and the absence of programs that must be undertaken during the apprenticeship makes the effectiveness of the internships back to each prospective notary who interns. So can be said that the ineffective implementation of the Notary's apprenticeship has resulted in a lack of experience and at the same time resulted in a lack of quality of Notaries in carrying out their functions and duties in the community, especially in the Jepara Regency area.

Juridical Review of Act No. 2 of 2014 concerning Notary Position Related to Confidentiality of Notary Duties

Protection of notaries related to confidentiality, especially in the law enforcement process, has not been able to be realized effectively, this is because there is no real protection system for notaries who disclose their secrets in the law enforcement process. This writing uses an empirical juridical method. As for the results of existing research, it can be found that the fact that the limitations of a notary in maintaining the confidentiality of a notary's duties based on the Notary's Position Law are that notaries must keep confidential what is related to their position. The notary is obliged to keep the contents of the deed secret, even the notary is obliged to keep all information from the preparation of the deed to the completion of the drafting of a deed and if he is made a witness in a case, can exercise his right to resign as a witness. However, it often happens that in a law enforcement process, a notary who is asked to assist in proof by disclosing the confidentiality of a deed that he has made can be sued and threatened by legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement. a notary who is asked to assist in the matter of proof by disclosing the confidentiality of the deed he has made can be sued and threatened with legal sanctions both in civil terms, namely acts against the law or on criminal grounds. So it is necessary to do more real legal protection for notaries who disclose the confidentiality of the deeds they have made for the sake of law enforcement.