Komparasi Syarat Keabsahan “Sebab Yang Halal” Dalam Perjanjian Konvensional Dan Perjanjian Syariah

Lestari, Tri Wahyu Surya; Santoso, Lukman

doi:10.21043/yudisia.v8i2.3240

Cited by 5 publications

(6 citation statements)

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“…Because it is said to be false if it is held to cover up the true cause. c. Because it is said to be forbidden if it is contrary to the law, morality, and public order (Tri Wahyu Surya Lestari, 2017).…”

Section: A Certain Thingmentioning

confidence: 99%

Decision of Ma 3180/K / PDT/2019 (Legal Analysis of the Sale and Purchase of Joint Property Pre-Division by the Temporary Land Deed Officer)

Febrianty,

Kumala,

Flora

et al. 2024

GOLREV

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As stated in Article 36 of Law No. 1 of 1974 respecting joint marriage, any spouse may operate on joint property with a permission. Investigating Supreme Court decision number 3180 K/PDT/2019—which deals with the sale and purchase of undivided joint property in the presence of the temporary land deed officer (PPAT)—and its legal implications is the goal of this research. This study uses conceptual, case, and legislative methods, and it is normative in character. Primary and secondary sources of law are consulted. Legal material analysis is an approach that uses a procedure that is prescriptive. In accordance with the results of the investigation, it is illegal for the PPAT to have issued a deed of sale and purchase and for M.Uzer and Deslina to have sold shares without Herlina's knowledge or approval. Given that the property being sold is still jointly owned, the sale and purchase are declared unlawful according to MA RI No. 701K/PDT/1997. As a consequence, the deed of sale and purchase is legally flawed, and the Certificate of Property Rights in Deslina's name is no longer enforceable.

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Section: A Certain Thingmentioning

confidence: 99%

Decision of Ma 3180/K / PDT/2019 (Legal Analysis of the Sale and Purchase of Joint Property Pre-Division by the Temporary Land Deed Officer)

Febrianty,

Kumala,

Flora

et al. 2024

GOLREV

View full text Add to dashboard Cite

show abstract

“…So, debtors as fintech organizers, it is not permissible to take photos of creditors let alone spread them to the 3rd party etc. Because the norms of community decency become an important measure in assessing the action meets the criteria of immorality or immorality (Lestari, 2017). Therefore, it is important that the debtor knows the values of decency in the community, so that the agreement does not violate the norms of decency.…”

Section: Illegal Fintech Customer Data Retrieval and Misuse In View O...mentioning

confidence: 99%

“…Therefore, it is important that the debtor knows the values of decency in the community, so that the agreement does not violate the norms of decency. Likewise about public order, J. Satrio said that public order is related to the public interest, state security and unrest in society (Lestari, 2017). So, if the e-agreement between creditors and debtors disturbs the public and makes a public noise, it is necessary for fintech to change the contents of the agreement or maintain the confidentiality of the customer's personal data and no longer use the customer's personal data as a form of threat.…”

Section: Illegal Fintech Customer Data Retrieval and Misuse In View O...mentioning

confidence: 99%

Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic

Wijaya

Herwastoeti

2022

Audit. Comp. Law J

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The covid-19 outbreak that swept across the world has caused a crisis in the economic sector, where physical distancing policies affect the world of trade and tourism. The bankruptcy of companies, hotels, and small and medium-sized micro-enterprises resulted in massive job cuts. Therefore, many people lose their livelihoods and borrow money to meet their daily needs. Financial technology is an advancement of the times in the industrial era 4.0, as a form of convenience in financial services of tempted communities and applying for loans to financial technology. However, instead of getting a financial solution, what happens is the opposite. Where the public is even entangled in the existence of illegal financial technology and there is a misuse of their personal data. It is true that there is an agreement that allows the debtor to access the personal data of the creditor, but whether with it immediately the debtor can misuse the customer's personal data. Therefore, in this study, the author is interested in reviewing how criminal and civil liability related to the emergence of illegal financial technology agreements during the Covid-19 pandemic. The research methods used are normative juridical with statute approach and comparative approach, as well as qualitatively described legal material analysis. The result obtained is, illegal fintech e-agreements do not meet the subjective and objective requirements of the agreement and are related to the misuse of customer data, which can be held criminally accountable are fintech law bodies and debt collectors.

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“…As stipulated in Article 1337 of the Civil Code, because halal means that the agreement made by the parties must be in accordance with applicable law and does not violate decency or public order. If explained further, the halal cause in the agreement contains the following meanings: [32] a. A halal clause means the contents of the agreement do not conflict with public order, decency, and law;…”

Section: 21mentioning

confidence: 99%

The Validity of Fixed-Term Employment Contract With The Remote Working Concept Based on Indonesian Laws

Anggraeny¹,

Hidayah²,

Al-Fatih³

2021

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

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Industrial era 4.0 is an era in which almost everything that exists is integrated with the internet (internet of things), including employment which supports the development of remote working in Indonesia. Remote working by using a specific time work agreement carried out through electronic transactions must of course be reviewed with three regulations, namely the Civil Code, the Manpower Law, and the Information and Electronic Transactions Law. Moreover, in fact, the issue of work agreements for a certain time in Indonesia often occurs. Therefore, this paper aims to examine: 1) What is the model of a particular time labor agreement with the Remote Working concept?; 2) How is the validity of a certain time work agreement with the remote working concept based on Indonesian Law?. Using normative juridical research methods, it is known that a fixed-term employment contract with remote working concept is in principle the same as a specific time work agreement in general which must be subject to the Manpower Law. Based on the three regulations, the validity of a fixed-term employment contract with the concept of remote working in Agreement Number: 17/PKWT/PT XX/VIII/2019 is considered invalid and weak against its proof.

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Komparasi Syarat Keabsahan “Sebab Yang Halal” Dalam Perjanjian Konvensional Dan Perjanjian Syariah

Cited by 5 publications

References 0 publications

Decision of Ma 3180/K / PDT/2019 (Legal Analysis of the Sale and Purchase of Joint Property Pre-Division by the Temporary Land Deed Officer)

Decision of Ma 3180/K / PDT/2019 (Legal Analysis of the Sale and Purchase of Joint Property Pre-Division by the Temporary Land Deed Officer)

Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic

The Validity of Fixed-Term Employment Contract With The Remote Working Concept Based on Indonesian Laws

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