Sharia resolution in the murabahah financing contract at the Mitra Sejati Cooperative indirectly in the process of resolving the dispute still refers to Law No. 21 of 2008 concerning Sharia Banking. While the Fatwa of the National Syari'ah Council Number 07 / DSN-MUI / IV / 2000 explained that the resolution of murabahah financing disputes was in the Syari'ah Arbitration Board. According to Article 55 of Law No. 21 of 2008 concerning Sharia Banking, that sharia dispute resolution can be carried out by the Court within the religious court environment and can also be resolved by referring to the contents of the contract. In fact, murabahah financing contracts carried out by true partner cooperatives do not explicitly appoint which judicial institutions to solve them. Sharia dispute resolution in the murabahah financing contract must be settled in the Religious Court but the fact is resolved in non-litigation in the form of a public auction. When viewed from the theoretical concept of legal certainty, this does not reflect the firmness in the rule of law because the resolution through non KPKNL parate litigation does not yet have binding legal force. where the results of the auction cannot automatically have disputed objects. With respect to murabahah financing agreements in true partner cooperatives, legal defects can be declared because there is no firmness and there is no accuracy of the contract maker when a dispute occurs where the contract maker does not confirm which institution is appointed and agreed when a dispute occurs.
The writing of this article is based on a research that aims to analyze and identify the application of prudential banking principles in loan agreement by the bank as creditor for granting loans using collateral land and building as well as to analyze and describe legal protection for creditor as the mortgage holder for granting loan using collateral land and building against bad-loan debtor. The method used is normative legal research using statute and conceptual approaches. Based on the results of the study, mortgage certificate has a permanent, executorial and legal force. It has an executive force that is equivalent to a court decision that has permanent legal force and applies as a substitute for grosse acte hypotheek as long as it concerns land rights. To secure the loan granted to the debtor, the mortgage certificate holder, especially the Bank, has received legal protection in the form of a droit de preference (having precedence rights over other creditors), droit de suite, the ease of auction. In this case, the mortgage object is protected from bankruptcy and it cannot be divided into mortgage objects.
Human Rights (HAM) is a gift from God to his creatur human rights should not be kept away or separated from the personal existence of the individual or human being. Protection of persons with disabilities has 22 (twenty two) rights. This arrangement is regulated through Article 5 regarding an elaboration of the rights that will be received for individuals with disabilities in carrying out the nature of their lives until they die. Persons with disabilities also have the right to work and get rewarded for their hard work and of course it has been regulated through the written constitution of the Republic of Indonesia. Without realizing it in almost all areas of life, people with disabilities are still discriminated against. There is even an assumption from some people that the affairs of people with disabilities are solely the business of the Social Service or the Ministry of Social Affairs. The research method uses normative juridical (empirical legal research) with a statutory approach (statue approach) and an analytical approach (conceptual approach). First, The fulfillment of employment opportunities for people with disabilities shows that there is still a shortage due to the need for job providers, the quality of people with disabilities, and their still being selective in every job field on a micro basis. The city of Padang related to employment rights for persons with disabilities continues to strive to fulfill their work rights. Third, In the legal construction of regulating employment rights for Persons with Disabilities, there must be a balance towards optimizing work through personnel from persons with disabilities. So that the fulfillment of the law both das sollen and das sein is accommodated appropriately
Law enforcement is an effort to realize the purpose of law in upholding legal justice, legal certainty and legal benefits in order to realize the principle of a judiciary that is certain, fair and humane. The law enforcement mechanism, in this case the enforcement of criminal law, has actually been regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP). The Criminal Procedure Code regulates all stages of the criminal justice process from the investigation process to the implementation of court decisions. But in reality, the dynamics of the law enforcement system are not coherent with each other to realize this, especially from the legal structure itself. The legal structure, in this case law enforcement officers, often marginalizes the interests and rights of suspects, defendants and convicts in the criminal justice system in Indonesia. The criminal justice system recognizes the principle of Presumption of Innocence , which in this principle also recognizes the existence of 2 (two) principle consequences, namely the Miranda Rules Principle ( The right to remain silent ) and the principle of the right to deny self-incrimination ). However, it seems that these principles and principles are ignored by law enforcement officers, be it the police, prosecutors, judiciary and correctional institutions. This research will examine how the law enforcement process is in accordance with judicial principles that are certain, fair and humane and how law enforcement practices in Indonesia throughout 2020, which may have not been enforced wisely and consistently by law enforcement officials. So to answer these problems, this research will use juridicalempirical research methods by describing the problems according to the facts.
Penyelesaian perkara melalui lembaga adat dilakukan dengan asas musyawarah atau kekeluargaan untuk menegakkan hukum, dan menghilangkan akibat lanjut dari suatu perkara. Tujuan tertinggi yang ingin dicapai adalah keseimbangan yang terwujud dalam kerukunan masyarakat. Penelitian ini merupakan penelitian hukum normatif dengan menggunakan pendekatan historis dan perundang-undangan terkait pembuktian dalam penyelesaian sengketa adat pada peradilan adat. Berdasarkan hasil penelitian diketahui Pembuktian dalam peradilan adat dilakukan oleh para pihak yang bersengketa dan peran aktif dari pemuka adat. Dalam peradilan adat penyelesaian sengketanya dilakukan secara damai, sehingga pembuktiannya ada yang dilakukan para pihak dan ada yang dilakukan oleh pemuka-pemuka adat yang memeriksa perkara. Alat bukti yang digunakan adalah alat bukti tertulis (surat), saksi, keterangan para pihak dan perilaku dari para pihak di tengah-tengah masyarakat.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.