The purpose of law itself includes three values, namely, the value of justice, expediency, and legal certainty. But unfortunately, actual practice in the world of law often does not emphasize all values and tends to forget one importance. Therefore, an understanding has arisen that justice is the most critical value in direction. The purpose of this paper is to find out the concept of justice in the rule of law in Indonesia and describe the position of law that can create an ideal legal system in Indonesia so that the context of the welfare State Can Be Realized. The research method used is a descriptive analysis which leads to normative juridical research, namely research conducted by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials, and tertiary legal materials. The role of the law in realizing people's welfare must be seen in the fabric of the law in the moral integrity of law enforcement officials.
{"title":"Kedudukan Hukum dalam Mewujudkan Keadilan dan Kesejahteraan di Indonesia","authors":"Melisa Nasir, Elmi Khoiriyah, Bagus Priyono Pamungkas, Inas Hardianti, Raesitha Zildjianda","doi":"10.37680/almanhaj.v5i1.2084","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2084","url":null,"abstract":"The purpose of law itself includes three values, namely, the value of justice, expediency, and legal certainty. But unfortunately, actual practice in the world of law often does not emphasize all values and tends to forget one importance. Therefore, an understanding has arisen that justice is the most critical value in direction. The purpose of this paper is to find out the concept of justice in the rule of law in Indonesia and describe the position of law that can create an ideal legal system in Indonesia so that the context of the welfare State Can Be Realized. The research method used is a descriptive analysis which leads to normative juridical research, namely research conducted by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials, and tertiary legal materials. The role of the law in realizing people's welfare must be seen in the fabric of the law in the moral integrity of law enforcement officials.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85048703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.37680/almanhaj.v5i1.2357
Parman Komarudin, Muhammad Sodiki, Muhammad Hendri Yanova, Hendra Hadi, Mahmud Yusuf
This study aims to analyze the essence of profit sharing contracts for Islamic venture capital companies. This study uses a qualitative method which is a method that focuses on in-depth observation. Therefore, the use of qualitative methods in this study resulted in a more comprehensive review of profit-sharing contracts for Islamic venture capital companies. the type of research that the author uses is normative legal research. The nature of research in this writing is the nature of descriptive research. The approach used in this legal research is a statutory approach and a conceptual approach. The results of this study indicate that Islamic venture capital uses musyarakah and mudharabah akad in the profit-sharing scheme. Akad Musyarakah are used for companies that already have an ongoing business, but still need additional capital for business expansion purposes and akad mudharabah are used when a new business is established that has prospects for development.
{"title":"Profit Sharing Akad of Sharia Venture Capital Companies","authors":"Parman Komarudin, Muhammad Sodiki, Muhammad Hendri Yanova, Hendra Hadi, Mahmud Yusuf","doi":"10.37680/almanhaj.v5i1.2357","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2357","url":null,"abstract":"This study aims to analyze the essence of profit sharing contracts for Islamic venture capital companies. This study uses a qualitative method which is a method that focuses on in-depth observation. Therefore, the use of qualitative methods in this study resulted in a more comprehensive review of profit-sharing contracts for Islamic venture capital companies. the type of research that the author uses is normative legal research. The nature of research in this writing is the nature of descriptive research. The approach used in this legal research is a statutory approach and a conceptual approach. The results of this study indicate that Islamic venture capital uses musyarakah and mudharabah akad in the profit-sharing scheme. Akad Musyarakah are used for companies that already have an ongoing business, but still need additional capital for business expansion purposes and akad mudharabah are used when a new business is established that has prospects for development.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"2017 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86754576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.37680/almanhaj.v5i1.2073
Melisa Nasir, Inas Hardianti, Elmi Kholiyah, F. Fitriani, Imanuel Cml Tobing
Pressure on the mining industry was caused by global mining activities which experienced disruptions to the demand for and sales of mining materials during the COVID-19 pandemic. The consequences of these events affected world mining production. The purpose of this article is (1) Many small people in the world have not applied the principles of "good mining practices" (2) Unlicensed Mining (PETI) in Indonesia has not paid attention to the National Law and the Principles of Sustainable Development (3) Unlicensed Mining Policy During the Covid-19 Pandemic. The result of this scientific work is that small-scale gold mining using mercury and cyanide has been practiced internationally, namely in America, Australia and several other countries since the 1800s. In North America, gold rush activities, 180 years ago, were concentrated in the California region. A total of 2,471 Indonesian locations, namely mining for both minerals and coal, were carried out without permits, in this case, Unlicensed Mining (PETI). The state, government and all stakeholders are obliged to protect and manage the environment in the implementation of sustainable development so that the Indonesian environment can remain a source and support for life for the Indonesian people and other living things.
{"title":"Relevansi Regulasi Pertambangan Internasional dengan Penanganan Covid-19 di Indonesia","authors":"Melisa Nasir, Inas Hardianti, Elmi Kholiyah, F. Fitriani, Imanuel Cml Tobing","doi":"10.37680/almanhaj.v5i1.2073","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2073","url":null,"abstract":"Pressure on the mining industry was caused by global mining activities which experienced disruptions to the demand for and sales of mining materials during the COVID-19 pandemic. The consequences of these events affected world mining production. The purpose of this article is (1) Many small people in the world have not applied the principles of \"good mining practices\" (2) Unlicensed Mining (PETI) in Indonesia has not paid attention to the National Law and the Principles of Sustainable Development (3) Unlicensed Mining Policy During the Covid-19 Pandemic. The result of this scientific work is that small-scale gold mining using mercury and cyanide has been practiced internationally, namely in America, Australia and several other countries since the 1800s. In North America, gold rush activities, 180 years ago, were concentrated in the California region. A total of 2,471 Indonesian locations, namely mining for both minerals and coal, were carried out without permits, in this case, Unlicensed Mining (PETI). The state, government and all stakeholders are obliged to protect and manage the environment in the implementation of sustainable development so that the Indonesian environment can remain a source and support for life for the Indonesian people and other living things.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74414421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-21DOI: 10.37680/almanhaj.v5i1.1910
Dewi Kemala Sari, Abdul Karim Uddin, A. Hafid
Communities in and around the forest have the right to obtain a life that the forest produces, in addition to this right the community can also utilize the forest and forest products in accordance with applicable laws and regulations, such as knowing forest allotment plans, forestry information, providing information, suggestions, considerations in forestry development, and supervise the implementation of forestry development either directly or indirectly. This research is empirical research, namely research obtained from experience, and information obtained from direct interviews with various sources and related agencies. The role of the community is carried out to increase awareness in protecting and managing the environment, increasing independence, community empowerment, and partnerships, developing community capabilities and pioneering, developing community responsiveness to carry out social supervision; and develop and maintain local culture and wisdom in the context of preserving environmental functions.
{"title":"Peran Serta Masyarakat Dusun Vatutela Kelurahan Tondo Kota Palu Terhadap Pelestarian Kawasan Hutan Lindung (Suatu Kajian Dari Aspek Hukum Kehutanan)","authors":"Dewi Kemala Sari, Abdul Karim Uddin, A. Hafid","doi":"10.37680/almanhaj.v5i1.1910","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.1910","url":null,"abstract":"Communities in and around the forest have the right to obtain a life that the forest produces, in addition to this right the community can also utilize the forest and forest products in accordance with applicable laws and regulations, such as knowing forest allotment plans, forestry information, providing information, suggestions, considerations in forestry development, and supervise the implementation of forestry development either directly or indirectly. This research is empirical research, namely research obtained from experience, and information obtained from direct interviews with various sources and related agencies. The role of the community is carried out to increase awareness in protecting and managing the environment, increasing independence, community empowerment, and partnerships, developing community capabilities and pioneering, developing community responsiveness to carry out social supervision; and develop and maintain local culture and wisdom in the context of preserving environmental functions.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81559879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-21DOI: 10.37680/almanhaj.v5i1.2446
Wilma Putri Handayani Siregar, C. Permata
Business actors in Padang Hilir Subdistrict, Tebing Tinggi City make exoneration clauses to release responsibility for damage and loss experienced by consumers. The consumer protection law stipulates that business actors may not include exoneration clauses in offering goods and/or services intended for trade. The purpose of this study is to find out what the factors causing the use of exoneration clauses in laundry notes, how the regulation of exoneration clauses according to legislation, and how the responsibility for using exoneration clauses by business actors in Padang Hilir District, Tebing Tinggi City from the perspective of Wahbah Az-Zuhaili. This type of research is empirical juridical with a living case studies approach, statute approach, and conceptual approach. The results showed that the liability of business actors using an exoneration clause on laundry notes is inappropriate, while according to Wahbah Az-Zuhaili business actors must be responsible for damage and loss experienced by consumers. In conclusion, the exoneration clause based on Wahbah Az-Zuhaili's opinion cannot be used to release responsibility. If anyone makes such a clause, it is null and void
{"title":"Analisis Hukum Terhadap Klausula Eksonerasi pada Nota Laundry di Kecamatan Padang Hilir, Kota Tebing Tinggi Perspektif Wahbah Az-Zuhaili","authors":"Wilma Putri Handayani Siregar, C. Permata","doi":"10.37680/almanhaj.v5i1.2446","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2446","url":null,"abstract":"Business actors in Padang Hilir Subdistrict, Tebing Tinggi City make exoneration clauses to release responsibility for damage and loss experienced by consumers. The consumer protection law stipulates that business actors may not include exoneration clauses in offering goods and/or services intended for trade. The purpose of this study is to find out what the factors causing the use of exoneration clauses in laundry notes, how the regulation of exoneration clauses according to legislation, and how the responsibility for using exoneration clauses by business actors in Padang Hilir District, Tebing Tinggi City from the perspective of Wahbah Az-Zuhaili. This type of research is empirical juridical with a living case studies approach, statute approach, and conceptual approach. The results showed that the liability of business actors using an exoneration clause on laundry notes is inappropriate, while according to Wahbah Az-Zuhaili business actors must be responsible for damage and loss experienced by consumers. In conclusion, the exoneration clause based on Wahbah Az-Zuhaili's opinion cannot be used to release responsibility. If anyone makes such a clause, it is null and void","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"142 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77838626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-21DOI: 10.37680/almanhaj.v5i1.2341
A. Amrin, Suciyani Suciyani, Nurrahmaniah Nurrahmaniah
This study aims to multiply Ali Yafie's thoughts on the development of Islamic law in Indonesia. This research uses qualitative research with a literature study approach. The data collection techniques use the library research, namely: trying to collect data from books or literature related to the researcher's discussion. The data analysis uses deductive analysis with interpretative. The results of the study show that Ali Yafie's thoughts in the field of social fiqh try to understand Islamic teachings, at least with several approaches, namely: Combining Text/nash with Reason, Blending Text with reality, and combining text with Maslahah makes fiqh more contextual and directs it more towards issues of a more social nature. in the dynamic development of Islamic law in Indonesia.
{"title":"Reconstruction of Ali Yafie's Thinking in the Field of Social Fiqh in the Development of Islamic Law (Critical Review)","authors":"A. Amrin, Suciyani Suciyani, Nurrahmaniah Nurrahmaniah","doi":"10.37680/almanhaj.v5i1.2341","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2341","url":null,"abstract":"This study aims to multiply Ali Yafie's thoughts on the development of Islamic law in Indonesia. This research uses qualitative research with a literature study approach. The data collection techniques use the library research, namely: trying to collect data from books or literature related to the researcher's discussion. The data analysis uses deductive analysis with interpretative. The results of the study show that Ali Yafie's thoughts in the field of social fiqh try to understand Islamic teachings, at least with several approaches, namely: Combining Text/nash with Reason, Blending Text with reality, and combining text with Maslahah makes fiqh more contextual and directs it more towards issues of a more social nature. in the dynamic development of Islamic law in Indonesia.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"205 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80395712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-11DOI: 10.37680/almanhaj.v5i1.2405
Andrias Widiantoro, S. Astutik
Literature regarding legal perspectives in handling Covid-19, especially with comparative studies between countries, is still small, so this study aims to analyze legal perspectives in handling the Covid-19 pandemic by applying comparative studies in ASEAN-5, namely Indonesia, Malaysia , Singapore, Thailand and the Philippines. This study uses normative legal research methods and comparative descriptions. The results of the study show that all countries focus on the health, social and economic recovery sectors.
{"title":"Perspektif Hukum Dalam Penanganan Pandemi Covid-19: Studi Komparatif di ASEAN-5","authors":"Andrias Widiantoro, S. Astutik","doi":"10.37680/almanhaj.v5i1.2405","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2405","url":null,"abstract":"Literature regarding legal perspectives in handling Covid-19, especially with comparative studies between countries, is still small, so this study aims to analyze legal perspectives in handling the Covid-19 pandemic by applying comparative studies in ASEAN-5, namely Indonesia, Malaysia , Singapore, Thailand and the Philippines. This study uses normative legal research methods and comparative descriptions. The results of the study show that all countries focus on the health, social and economic recovery sectors.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90785793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.37680/almanhaj.v5i1.2337
Kharisma Gemilang
This study aims to find out what factors cause the large number of Girik lands to be abandoned by their owners and can be certified by other parties, to find out the legal status of abandoned Girik lands when they have been certified by other parties, and to find out the efforts to resolve disputes over Girik lands which have been certified by other parties. other. For this reason, the research method used is a type of qualitative research using a descriptive analysis method which applies a literature study approach accompanied by observations of something that happens in society. There are many factors that have caused this neglected land to be certified by other parties, because it has been neglected, because land administration has been less orderly, because of legal uncertainty. Awareness for landowners to cultivate their land and legal certainty in matters of land is urgently needed.
{"title":"Analisis Hukum Penelantaran Tanah Girik dan Pembuatan Sertifikat Oleh Pihak Lain Serta Upaya Penyelesaian Sengketanya","authors":"Kharisma Gemilang","doi":"10.37680/almanhaj.v5i1.2337","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2337","url":null,"abstract":"This study aims to find out what factors cause the large number of Girik lands to be abandoned by their owners and can be certified by other parties, to find out the legal status of abandoned Girik lands when they have been certified by other parties, and to find out the efforts to resolve disputes over Girik lands which have been certified by other parties. other. For this reason, the research method used is a type of qualitative research using a descriptive analysis method which applies a literature study approach accompanied by observations of something that happens in society. There are many factors that have caused this neglected land to be certified by other parties, because it has been neglected, because land administration has been less orderly, because of legal uncertainty. Awareness for landowners to cultivate their land and legal certainty in matters of land is urgently needed.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82911450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-02DOI: 10.37680/almanhaj.v5i1.2206
Dwita Novita, Abd. Mujib
The background of this research is that the capital market is also able to provide real benefits for investors, where in the capital market, parties who have excess funds can meet with parties who need funds with certain agreements so that mutually beneficial reciprocity occurs, one of the parts is margin trading. Basically, no one wants disputes with other people. However, in a business relationship or an agreement, each party must anticipate the possibility of a dispute arising at any time in the future, especially in the world of capital markets, so what is the margin trading system like? and what is the role of the Alternative Dispute Resolution Institution (LAPS) in resolving margin trading disputes? on the capital market dispute itself. The type of research used in this study is library research, which is a study whose data sources are obtained from written sources, including books, laws, journals, encyclopedias, the internet, and other written works related to object under study. The approach used in this research is normative juridical, namely studying and testing secondary data in the form of positive law. This research yields, first, margin trading is capital for investors to gain greater profits through stocks that are rising in value when they themselves do not have enough funds to buy. In addition, they will also be charged interest on the loan. In the event of default or default, the consequence is that share ownership is automatically liquidated to cover losses. One of them is forced selling. Second, in the realm of civil law, there are several ways of resolving disputes which in general are through litigation (using formal court channels) and through alternative dispute resolution.
{"title":"Peran Lembaga Alternatif Penyelesaian Sengketa (LAPS) dalam Penyelesaian Sengketa Margin Trading","authors":"Dwita Novita, Abd. Mujib","doi":"10.37680/almanhaj.v5i1.2206","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2206","url":null,"abstract":"The background of this research is that the capital market is also able to provide real benefits for investors, where in the capital market, parties who have excess funds can meet with parties who need funds with certain agreements so that mutually beneficial reciprocity occurs, one of the parts is margin trading. Basically, no one wants disputes with other people. However, in a business relationship or an agreement, each party must anticipate the possibility of a dispute arising at any time in the future, especially in the world of capital markets, so what is the margin trading system like? and what is the role of the Alternative Dispute Resolution Institution (LAPS) in resolving margin trading disputes? on the capital market dispute itself. The type of research used in this study is library research, which is a study whose data sources are obtained from written sources, including books, laws, journals, encyclopedias, the internet, and other written works related to object under study. The approach used in this research is normative juridical, namely studying and testing secondary data in the form of positive law. This research yields, first, margin trading is capital for investors to gain greater profits through stocks that are rising in value when they themselves do not have enough funds to buy. In addition, they will also be charged interest on the loan. In the event of default or default, the consequence is that share ownership is automatically liquidated to cover losses. One of them is forced selling. Second, in the realm of civil law, there are several ways of resolving disputes which in general are through litigation (using formal court channels) and through alternative dispute resolution.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"162 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75665903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-30DOI: 10.37680/almanhaj.v5i1.2195
Sahnaz Kartika, Muhammad Yadi Harahap
The Religious Courts are the only legal institution authorized to resolve sharia economic disputes, based on Law Number 3 of 2006 concerning Religious Courts. This is also supported by Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases. However, there are still many sharia business/shariah banking cases in commercial courts where legal submissions are tug-of-war in a dichotomy between the absolute competence of the Religious Courts and submission to the authority of the commercial court within the district court environment. So that there is regulatory disharmony and legal uncertainty regarding jurisdictional decisions in bankruptcy cases of Islamic economic institutions. This research method uses normative research by examining legal materials related to bankruptcy and PKPU. The results of the study indicate that it is necessary to unify and harmonize regulations that specifically regulate the settlement of sharia bankruptcy cases so that there are no jurisdictional conflicts between the Religious Courts and the Commercial Courts. Legal consequences if the bankruptcy case of Islamic banking is still filed at the Commercial Court, there will be coercion of the substance of sharia economic law to become conventional economic law, so that the settlement of the dispute is not in sync with the contract and the concept of settlement of cases which prioritizes business concepts and business continuity rather than fairness and certainty. substantive.
{"title":"Kewenangan Mengadili Dalam Penyelesaian Perkara Kepailitan dan Penundaan Kewajiban Pembayaran Utang Perbankan Syariah","authors":"Sahnaz Kartika, Muhammad Yadi Harahap","doi":"10.37680/almanhaj.v5i1.2195","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2195","url":null,"abstract":"The Religious Courts are the only legal institution authorized to resolve sharia economic disputes, based on Law Number 3 of 2006 concerning Religious Courts. This is also supported by Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases. However, there are still many sharia business/shariah banking cases in commercial courts where legal submissions are tug-of-war in a dichotomy between the absolute competence of the Religious Courts and submission to the authority of the commercial court within the district court environment. So that there is regulatory disharmony and legal uncertainty regarding jurisdictional decisions in bankruptcy cases of Islamic economic institutions. This research method uses normative research by examining legal materials related to bankruptcy and PKPU. The results of the study indicate that it is necessary to unify and harmonize regulations that specifically regulate the settlement of sharia bankruptcy cases so that there are no jurisdictional conflicts between the Religious Courts and the Commercial Courts. Legal consequences if the bankruptcy case of Islamic banking is still filed at the Commercial Court, there will be coercion of the substance of sharia economic law to become conventional economic law, so that the settlement of the dispute is not in sync with the contract and the concept of settlement of cases which prioritizes business concepts and business continuity rather than fairness and certainty. substantive.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89011774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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