Pub Date : 2022-07-15DOI: 10.17977/um019v7i2p468-478
I. Rideng, Zainal Arifin Hoesin
This study aimed to analyze the empowerment of local wisdom and the form of strengthening local legal products on local wisdom. This study used a socio-legal method with a statutory and conceptual approach. As a result, local wisdom was empowered by developing culture-based industries or small and medium enterprises, developing a pecalang security system, and implementing Balinese Krama, which includes parahyangan, pawongan, and palemahan. Furthermore, article 236 paragraph (4) of Law Number 23 of 2014 strengthened the regional legal products on local wisdom, which explained that regional regulations as one of the regional legal products could contain provisions regarding local wisdom that do not conflict with statutory regulations.
{"title":"Local Legal Products of The Province of Bali Provincial Government Strengthened and Empowered Local Wisdom","authors":"I. Rideng, Zainal Arifin Hoesin","doi":"10.17977/um019v7i2p468-478","DOIUrl":"https://doi.org/10.17977/um019v7i2p468-478","url":null,"abstract":"This study aimed to analyze the empowerment of local wisdom and the form of strengthening local legal products on local wisdom. This study used a socio-legal method with a statutory and conceptual approach. As a result, local wisdom was empowered by developing culture-based industries or small and medium enterprises, developing a pecalang security system, and implementing Balinese Krama, which includes parahyangan, pawongan, and palemahan. Furthermore, article 236 paragraph (4) of Law Number 23 of 2014 strengthened the regional legal products on local wisdom, which explained that regional regulations as one of the regional legal products could contain provisions regarding local wisdom that do not conflict with statutory regulations.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44407906","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 : 2022-07-15DOI: 10.17977/um019v7i2p516-523
Ananda Vania Putri Hendarto
This study aimed to analyze the distribution of joint assets after divorce according to the Compilation of Islamic Law and Marriage Law, as well as judges' considerations regarding the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn. This study used normative juridical research with a statutory approach. The data source was from secondary legal materials—data collection techniques using literature study and analyzed by descriptive techniques. The study results indicated that the Marriage Law did not determine the amount of the distribution of joint property if the husband and wife divorced. According to Article 37 of the Marriage Law, the distribution of joint property after divorce could be based on religious law, customary law, and other laws chosen by each party. According to the Compilation of Islamic Law, the amount of the distribution of joint property after the divorce was one-half of the joint property if there was no marriage agreement. The judge adjudicated the case of the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn gave the defendant and the plaintiff the right under Indonesian laws in a fair way.
{"title":"Analisis Yuridis Pembagian Harta Bersama Setelah Perceraian Ditinjau dari Kompilasi Hukum Islam dan Undang-Undang Perkawinan","authors":"Ananda Vania Putri Hendarto","doi":"10.17977/um019v7i2p516-523","DOIUrl":"https://doi.org/10.17977/um019v7i2p516-523","url":null,"abstract":"This study aimed to analyze the distribution of joint assets after divorce according to the Compilation of Islamic Law and Marriage Law, as well as judges' considerations regarding the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn. This study used normative juridical research with a statutory approach. The data source was from secondary legal materials—data collection techniques using literature study and analyzed by descriptive techniques. The study results indicated that the Marriage Law did not determine the amount of the distribution of joint property if the husband and wife divorced. According to Article 37 of the Marriage Law, the distribution of joint property after divorce could be based on religious law, customary law, and other laws chosen by each party. According to the Compilation of Islamic Law, the amount of the distribution of joint property after the divorce was one-half of the joint property if there was no marriage agreement. The judge adjudicated the case of the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn gave the defendant and the plaintiff the right under Indonesian laws in a fair way.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41322158","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}
This study aimed to analyze the legal status of property rights and the legal protection of holders of property rights on land affected by liquefaction. This study used a normative juridical method with a statutory approach and a conceptual approach. Ownership rights to land affected by liquefaction were still legally attached to the land owner because the land was not entirely lost but only shifted. Furthermore, land affected by liquefaction could not be categorized as destroyed land because it could physically be found based on coordinates. Legal protection for property rights holders on land affected by liquefaction was categorized into objective and subjective legal protection. Objective legal protection was carried out by re-measurement of the boundaries of property rights on land affected by liquefaction, digitally storing data on land ownership rights to overcome the impact of the loss of land title certificates due to disasters, as well as detailed spatial planning for disaster-prone areas. According to the detailed plan, personal legal protection was carried out by counseling and outreach to the public regarding disaster management and victim liquefaction relocation programs.
{"title":"Stаtus Hukum Hаk Milik Аtаs Tаnаh yаng Terdаmpаk Likuefаksi","authors":"Ratnawati Triningtias, Iwаn Permаdi, Imаm Koeswаhyono","doi":"10.17977/um019v7i2p282-292","DOIUrl":"https://doi.org/10.17977/um019v7i2p282-292","url":null,"abstract":"This study aimed to analyze the legal status of property rights and the legal protection of holders of property rights on land affected by liquefaction. This study used a normative juridical method with a statutory approach and a conceptual approach. Ownership rights to land affected by liquefaction were still legally attached to the land owner because the land was not entirely lost but only shifted. Furthermore, land affected by liquefaction could not be categorized as destroyed land because it could physically be found based on coordinates. Legal protection for property rights holders on land affected by liquefaction was categorized into objective and subjective legal protection. Objective legal protection was carried out by re-measurement of the boundaries of property rights on land affected by liquefaction, digitally storing data on land ownership rights to overcome the impact of the loss of land title certificates due to disasters, as well as detailed spatial planning for disaster-prone areas. According to the detailed plan, personal legal protection was carried out by counseling and outreach to the public regarding disaster management and victim liquefaction relocation programs.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47520984","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 : 2022-07-15DOI: 10.17977/um019v7i2p395-404
Destalia Kristiani
The concept of criminal rehabilitation is based on the theory of dignified justice for addicts and victims of narcotics abuse. This study aimed to analyze the implementation of law enforcement and the concept of rehabilitation arrangements based on the theory of dignified justice for addicts and victims of narcotics abuse. This study used a type of normative juridical research with a statutory approach. The data sources in this study used primary and secondary legal materials—data collection techniques using literature study and analyzed using descriptive techniques. The study results showed that the implementation of law enforcement against addicts and victims of narcotics abuse was regulated in Law Number 35 of 2009, which adheres to the rehabilitation justice system and criminal justice. The concept of regulating the rehabilitation of addicts and victims of narcotics abuse was a form of reform of the national criminal law. This update showed the existence of legal policy so that addicts and victims of narcotics abuse were expected not to repeat the crime in the future. Narcotics addicts, based on the theory of dignified justice, were victims who needed physical and psychological treatment.
{"title":"Konsep Pidana Rehabilitasi Berbasis Teori Keadilan Bermartabat bagi Pecandu dan Korban Penyalahgunaan Narkotika","authors":"Destalia Kristiani","doi":"10.17977/um019v7i2p395-404","DOIUrl":"https://doi.org/10.17977/um019v7i2p395-404","url":null,"abstract":"The concept of criminal rehabilitation is based on the theory of dignified justice for addicts and victims of narcotics abuse. This study aimed to analyze the implementation of law enforcement and the concept of rehabilitation arrangements based on the theory of dignified justice for addicts and victims of narcotics abuse. This study used a type of normative juridical research with a statutory approach. The data sources in this study used primary and secondary legal materials—data collection techniques using literature study and analyzed using descriptive techniques. The study results showed that the implementation of law enforcement against addicts and victims of narcotics abuse was regulated in Law Number 35 of 2009, which adheres to the rehabilitation justice system and criminal justice. The concept of regulating the rehabilitation of addicts and victims of narcotics abuse was a form of reform of the national criminal law. This update showed the existence of legal policy so that addicts and victims of narcotics abuse were expected not to repeat the crime in the future. Narcotics addicts, based on the theory of dignified justice, were victims who needed physical and psychological treatment.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41937766","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 : 2022-07-15DOI: 10.17977/um019v7i2p524-532
Hari Parmandinata
This study aimed to describe the code of ethics of Land Deed Making Officials in the process of making land sales and purchase deeds and to analyze the responsibilities and legal consequences of signature for the land sale and purchase deed by Land Deed Making Officials before the income tax payment was made. This study used a normative juridical method with a law approach and a conceptual approach. The code of ethics for the Land Deed Official in the process of making the land sale and purchase deed ensured that income tax was paid before the deed was made and signed. The responsibility of the Land Deed Making Official for the signature of the sale and purchase of land before the payment of income tax could be in the form of administrative sanctions, warnings, dismissal from office, or compensation for losses suffered by the parties concerned. In addition, the signature of the sale and purchase deed by the Land Deed Making Official before income tax payment might result invalid the land sale and purchase deed and registered land certificate being legally cancelable.
{"title":"Akibat Hukum Penandatanganan Akta Jual Beli Tanah oleh Pejabat Pembuat Akta Tanah Sebelum Pembayaran Pajak Penghasilan","authors":"Hari Parmandinata","doi":"10.17977/um019v7i2p524-532","DOIUrl":"https://doi.org/10.17977/um019v7i2p524-532","url":null,"abstract":"This study aimed to describe the code of ethics of Land Deed Making Officials in the process of making land sales and purchase deeds and to analyze the responsibilities and legal consequences of signature for the land sale and purchase deed by Land Deed Making Officials before the income tax payment was made. This study used a normative juridical method with a law approach and a conceptual approach. The code of ethics for the Land Deed Official in the process of making the land sale and purchase deed ensured that income tax was paid before the deed was made and signed. The responsibility of the Land Deed Making Official for the signature of the sale and purchase of land before the payment of income tax could be in the form of administrative sanctions, warnings, dismissal from office, or compensation for losses suffered by the parties concerned. In addition, the signature of the sale and purchase deed by the Land Deed Making Official before income tax payment might result invalid the land sale and purchase deed and registered land certificate being legally cancelable.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49485650","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 : 2022-07-15DOI: 10.17977/um019v7i2p342-348
Firman Mansir
This study aimed to analyze the concept of social justice from Pancasila, Islam and Hinduism perspectives. This study used a qualitative method with literature study techniques to explain ideas related to the concept of justice from Pancasila, Islamic and Hindu perspectives. The concept of justice in Pancasila was defined as a principle that requires all elements, i.e. citizens and the government, to be fair in all areas of life, both material and spiritual, by placing things according to their portion or place without taking sides. Justice in the Islamic perspective could be extracted from QS Al-Baqarah [2]: 148, requiring everyone to compete to do good, known as fastabiqul khairat. Every goodness will, of course, be replaced with a gift. Therefore, justice played a role in giving gifts according to the good that had been done. On the other hand, justice in the Hindu perspective emphasized the balance between the rights obtained and the obligations carried out based on their social position, either individually or collectively.
{"title":"The Study of Social Justice in Pancasila, Islam, and Hinduism Perspective","authors":"Firman Mansir","doi":"10.17977/um019v7i2p342-348","DOIUrl":"https://doi.org/10.17977/um019v7i2p342-348","url":null,"abstract":"This study aimed to analyze the concept of social justice from Pancasila, Islam and Hinduism perspectives. This study used a qualitative method with literature study techniques to explain ideas related to the concept of justice from Pancasila, Islamic and Hindu perspectives. The concept of justice in Pancasila was defined as a principle that requires all elements, i.e. citizens and the government, to be fair in all areas of life, both material and spiritual, by placing things according to their portion or place without taking sides. Justice in the Islamic perspective could be extracted from QS Al-Baqarah [2]: 148, requiring everyone to compete to do good, known as fastabiqul khairat. Every goodness will, of course, be replaced with a gift. Therefore, justice played a role in giving gifts according to the good that had been done. On the other hand, justice in the Hindu perspective emphasized the balance between the rights obtained and the obligations carried out based on their social position, either individually or collectively.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45777068","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 : 2022-07-15DOI: 10.17977/um019v7i2p311-321
Jennifer Regina Masirri, Syamsul Bachri, M. Riza
This study analyzed the legal position of presidential decrees in granting remissions to inmates and the meaning of giving remissions to lifelong criminal inmates. This study used normative juridical research with a statutory approach, a conceptual approach, and a comparative approach—sources of data obtained from primary and secondary legal materials. The data obtained were analyzed using descriptive methods. The results of the study showed that the legal position of the presidential decree in granting remissions that changed the type of punishment for inmates did not have juridical power. Changes in the type of crime should be carried out in the form of clemency as stipulated in the 1945 Constitution of the Republic of Indonesia. The meaning of giving life imprisonment to prisoners in prison in Indonesia was different from some countries in the world, which only reduced the criminal period and did not change the type of punishment because due to remission, it was excluded from crimes that were very dangerous to the general public.
{"title":"Makna Pemberian Remisi kepada Warga Binaan Pemasyarakatan Terpidana Seumur Hidup","authors":"Jennifer Regina Masirri, Syamsul Bachri, M. Riza","doi":"10.17977/um019v7i2p311-321","DOIUrl":"https://doi.org/10.17977/um019v7i2p311-321","url":null,"abstract":"This study analyzed the legal position of presidential decrees in granting remissions to inmates and the meaning of giving remissions to lifelong criminal inmates. This study used normative juridical research with a statutory approach, a conceptual approach, and a comparative approach—sources of data obtained from primary and secondary legal materials. The data obtained were analyzed using descriptive methods. The results of the study showed that the legal position of the presidential decree in granting remissions that changed the type of punishment for inmates did not have juridical power. Changes in the type of crime should be carried out in the form of clemency as stipulated in the 1945 Constitution of the Republic of Indonesia. The meaning of giving life imprisonment to prisoners in prison in Indonesia was different from some countries in the world, which only reduced the criminal period and did not change the type of punishment because due to remission, it was excluded from crimes that were very dangerous to the general public.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41368023","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 : 2022-07-15DOI: 10.17977/um019v7i2p479-488
N. Yuliartini, I. B. W. Putra, Gede Marhaendra Wija Atmaja, D. Mangku
This study aimed to analyze Pancasila as the source of all sources of law and the actualization of Pancasila in constructing the national legal system. The type of research was normative legal research with a statutory and conceptual approach. The researchers did library research techniques as secondary data sources. This study analyzed qualitatively juridically. The study results showed that the formulation of laws in every political stage of legal reform should follow the values contained in Pancasila as the source of all sources of law. The formation or renewal of norms would have implications for interests and impact people's lives or the construction of national and community life. In the development of law, Pancasila was a philosophical foundation, namely the view of life, awareness, and legal ideals of the Indonesian nation. The values of divinity, humanity, unity, democracy, and justice should be actualized into the legal substance, legal structure, and legal culture that would be built.
{"title":"The Construction of National Legal Systems from Pancasila's Perspective","authors":"N. Yuliartini, I. B. W. Putra, Gede Marhaendra Wija Atmaja, D. Mangku","doi":"10.17977/um019v7i2p479-488","DOIUrl":"https://doi.org/10.17977/um019v7i2p479-488","url":null,"abstract":"This study aimed to analyze Pancasila as the source of all sources of law and the actualization of Pancasila in constructing the national legal system. The type of research was normative legal research with a statutory and conceptual approach. The researchers did library research techniques as secondary data sources. This study analyzed qualitatively juridically. The study results showed that the formulation of laws in every political stage of legal reform should follow the values contained in Pancasila as the source of all sources of law. The formation or renewal of norms would have implications for interests and impact people's lives or the construction of national and community life. In the development of law, Pancasila was a philosophical foundation, namely the view of life, awareness, and legal ideals of the Indonesian nation. The values of divinity, humanity, unity, democracy, and justice should be actualized into the legal substance, legal structure, and legal culture that would be built.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43765792","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 : 2022-07-15DOI: 10.17977/um019v7i2p349-356
Muhammad Kibar Akib, Imam Koeswahyono, Rachmi Sulistyarini
This study aimed to analyze the obstacles to the settlement of inheritance disputes in the Kajang indigenous people and the efforts to settle inheritance disputes in a just manner in the Kajang indigenous peoples. The type of research used in this study was empirical juridical with an anthropological approach—sources of data obtained from primary and secondary legal materials. Data collection techniques were carried out through interviews. The data obtained were analyzed using descriptive methods. The results of this study indicated that the obstacles to the settlement of inheritance disputes in the Kajang indigenous people were the parties making false confessions, insisting on defending their rights and social status, tending to be emotional, and lacking firmness from the mediator. Efforts to settle inheritance disputes that were fair to the indigenous people of the Kajang tribe are carried out based on local wisdom based on pasang ri kajang through three stages, namely deliberation at the hamlet head level, mediation by the village head, and the customary justice institution.
本研究旨在分析Kajang土著人民解决继承纠纷的障碍，以及以公正的方式解决Kajang原住民继承纠纷的努力。本研究中使用的研究类型是人类学方法的实证司法——从主要和次要法律材料中获得的数据来源。数据收集技术是通过访谈进行的。使用描述性方法对获得的数据进行分析。研究结果表明，卡让土著人遗产纠纷解决的障碍是当事方招供不实，坚持维护自己的权利和社会地位，情绪化倾向，缺乏调解员的坚定性。解决对Kajang部落土著人民公平的继承纠纷的努力是基于基于基于pasang ri Kajang的当地智慧，通过三个阶段进行的，即村长一级的审议、村长的调解和习惯司法机构。
{"title":"Penyelesaian Sengketa Waris yang Berkeadilan pada Masyarakat Adat Suku Kajang Kabupaten Bulukumba","authors":"Muhammad Kibar Akib, Imam Koeswahyono, Rachmi Sulistyarini","doi":"10.17977/um019v7i2p349-356","DOIUrl":"https://doi.org/10.17977/um019v7i2p349-356","url":null,"abstract":"This study aimed to analyze the obstacles to the settlement of inheritance disputes in the Kajang indigenous people and the efforts to settle inheritance disputes in a just manner in the Kajang indigenous peoples. The type of research used in this study was empirical juridical with an anthropological approach—sources of data obtained from primary and secondary legal materials. Data collection techniques were carried out through interviews. The data obtained were analyzed using descriptive methods. The results of this study indicated that the obstacles to the settlement of inheritance disputes in the Kajang indigenous people were the parties making false confessions, insisting on defending their rights and social status, tending to be emotional, and lacking firmness from the mediator. Efforts to settle inheritance disputes that were fair to the indigenous people of the Kajang tribe are carried out based on local wisdom based on pasang ri kajang through three stages, namely deliberation at the hamlet head level, mediation by the village head, and the customary justice institution.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45233861","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 : 2022-03-30DOI: 10.17977/um019v7i1p274-281
Yudiet Novenry, Siti Hamidah, Sukarmi Sukarmi
This study aimed to discuss legal protection for buyers in Islamic housing with istishna contracts during the COVID-19 pandemic and developers' efforts to overcome the problem of late payments. The study method used empirical juridical with qualitative descriptive analysis methods. The istishna contract had not provided legal protection because the agreement's substance was the developer's absolute right, so the buyer could not change it. Instead, the developer did three things to overcome delays in fulfilling the buyer's instalment obligations: explaining the istishna contract, delaying payment, and carrying out joint selling if the buyer could not pay instalments or pay them off.
{"title":"Perlindungan Hukum Bagi Pembeli Perumahan Syariah Tanpa Melalui Lembaga Keuangan di Masa Pandemi COVID-19","authors":"Yudiet Novenry, Siti Hamidah, Sukarmi Sukarmi","doi":"10.17977/um019v7i1p274-281","DOIUrl":"https://doi.org/10.17977/um019v7i1p274-281","url":null,"abstract":"This study aimed to discuss legal protection for buyers in Islamic housing with istishna contracts during the COVID-19 pandemic and developers' efforts to overcome the problem of late payments. The study method used empirical juridical with qualitative descriptive analysis methods. The istishna contract had not provided legal protection because the agreement's substance was the developer's absolute right, so the buyer could not change it. Instead, the developer did three things to overcome delays in fulfilling the buyer's instalment obligations: explaining the istishna contract, delaying payment, and carrying out joint selling if the buyer could not pay instalments or pay them off.","PeriodicalId":31344,"journal":{"name":"Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44086701","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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