Ichwanuddin, Hirsanuddin, Muhaimin

Abstract:

The purpose of this study was to analyze the application of sharia principles in financing Umrah bailouts in Islamic banking and to analyze legal consequences if sharia principles in financing Umrah bailouts in Islamic banking were not implemented by ichwanuddinu@gmail.com. The type of research carried out in this study is normative legal research, research that examines / examines legal materials both primary legal materials consisting of laws, regulations related to the problem being assessed and also reviews secondary legal material consisting of the literature and opinions of scholars related to the problem under study. The approach taken in this study is the Statute Approach, Analytical Approach, and Conceptual Approach.

Research results: The application of sharia principles in financing Umrah bailouts in Islamic banking according to contract theory and maslahah mursalah theory, that the contract theory used in financing Umrah bailouts in Islamic banking does not conflict with the principle of contract in Islamic law, because the contract in bailout financing Umrah uses two types of contract but combines the two contracts of al-qordh with al-Ijarah. In the Umrah bailout financing contract distinguish the service contract. This refers to the Fatwa of the National Sharia Council No. 29 / DSN-MUI / VI / 2002 concerning management of Hajj / Umrah financing. While the legal consequences if sharia principles in financing Umrah bailouts in Islamic banking are not applied. The application of the Hajj / Umrah bailout funds in Islamic Banks refers to the Fatwa of the National Sharia Council. Fatwa of the National Sharia Council Number: 09 / DSN-MUI / VI / 2000 concerning Ijarah Financing, in weighing the letter b determines that the community needs to obtain the services of other parties to carry out certain work through ijarah contract with payment of wages (ijarah / fee), and in Al-Baqarah verse 233 which is used as a legal basis for ijarah by the National Sharia Council, states what means “… and if you want your child to be taken away by someone else, it is not a sin for you if you pay according to what is worth repenting to Allah; and know that Allah sees all that you do “. The legal consequences of Umrah bailout financing that do not refer to the Fatwa of the National Sharia Council are null and void by law.

Keywords: sharia principles, Umrah bailout

Full Text: PDF

Fanny AP. Nindyapuri, Gatot DH Wibowo, Hirsanuddin

Abstract:

This research was conducted to find out how the Legal Responsibility of the National Land Agency towards the expiration of the term of the power of attorney to impose mortgages (SKMHT) administratively and civilly according to positive law in Indonesia. The type of research conducted in this study is normative legal research. With the method of Statute Approach, and Conceptual Approach, this is done by inductive reasoning method and descriptive analysis. The results of the study indicate that administrative accountability is carried out through the Ombudsman institution of the Republic of Indonesia with alleged maladministration over the delay in the implementation of services so that it is not timely to obtain certainty over the issuance of certificates of land rights by the National Land Agency. Whereas civil liability is carried out through a lawsuit in the District Court for alleged illegal acts in the form of compensation for a loss arising from social interaction.

Keywords: legal responsibility, national land agency, SKMHT, positive law

Full Text: PDF

Azhan Miraza, Zainal Asikin, Djumardin

Abstract:

This research was conducted to find out how the government’s basic policy on foreign investors is based on Law No. 25 of 2007 concerning Investment and How Legal Protection for Foreign Investors in Investment Activities. This research is a normative legal research; approach method used in the research is conceptual approach, statute approach. Legal material that will be examined in the legislation research that regulates the agreement in general, the Civil Code, KUHD, and Investment Law. From the results of this study it can be concluded that the Government is obliged to provide equal treatment (non-discriminatory) to investors based on Law No. 25 of 2007 concerning Investment. The treatment includes equal treatment based on the principle of national treatment and the principle of the most favorite nations. The protection that can be provided by the government to foreign investors is by improving the order of provisions of investment legislation and the implementation of the statutory provisions, improving investment facilities and services, providing investment security guarantees, and controlling the implementation of investment.

Keywords: protection, foreigners, investment

Full Text: PDF

Yusti Febryanti, Lalu Sabard, Lalu Parman

Abstract:

When a case of abuse occurs, of course the perpetrator will first make sure that no one sees the incident, so that if the victim later reports the case then in the proceedings, the victim does not have sufficient evidence to prove the defendant’s fault in court. In the provisions of Article 183 of the Criminal Procedure Code, “judges cannot impose a criminal offense on a person except if with at least two valid evidences”. The child’s statement is not a valid proof, because in giving his testimony the child is not sworn in accordance with the provisions of Article 160 paragraph (3) KUHAP. Based on this, the author wants to know the strength of the child witness testimony of victims of criminal acts of sexual abuse and the legal implications of the testimony of child victims’ witnesses in the examination of sexual abuse cases. This research is an empirical normative legal research, in which to examine research problems using a legislative, conceptual and case approach. The sources and types of legal materials used are primary, secondary and tertiary legal materials collected using documentary studies and interviews and analyzed by prescriptive analysis methods. The results of this study are, the statement of the child does not have the power of proof but if the information is in accordance with witness testimony or other evidence, then the statement will be used as additional evidence to corroborate other evidence in accordance with Article 185 paragraph (7) KUHAP.

Keywords: abuse of children, children, strength of children’s information

Full Text: PDF

Suryadi Hidayat, Galang Asmara, M. Ilwan

Abstract:

This paper will describe various forms of election monitoring systems in Indonesia starting from the Old Order era to reform (from Panwaslak to Bawaslu; from the simultaneous and simultaneous elections). However, there are various kinds of problems in Election supervision in Indonesia, including manipulation of nominating requirements, in-validity of voter data, money politics in campaigns, abuse of authority and intervention of power structures, as well as inflation of voting results as a common phenomenon in almost every electoral exercise, which involving election organizers, election participants and / or the community as voters. Thus, with the existence of election supervisors in political and administrative law reviews, it is important to avoid the delegitimation of the election process and results, as well as anticipating the development of various election violations, in order to strengthen public trust in various electoral system problems. The existence of strong Election Supervisors is inseparable from the importance of oversight mechanisms for the realization of quality elections.

Keywords: supervision, election, bawaslu, authority       

Full Text: PDF

Sanga Felysianus, Alex Djawa, Hendrina Pada

Abstract:

One of the uniqueness of Sabu community is Hegadhu or kiss. Hengadhu or kiss always occurs at every meeting in various situations, such as death, marriage, and ordinary meeting.  In this various  situation, some one  greets  someone else  with a  kiss. A kiss  is  a form  of nonverbal communication that contains  symbolic meaning.  Kiss besides  strengthing the relationship, there also messages to be conveyed.  These  messages  are culturally understood as   the social  involvement of every member of the community. The social involvement will reduce the burden borned by someone who is or will face a problem.

Keywords: nose kiss, nonverbal behavior, nonverbasl communication, symbolic meaning  

Full Text: PDF

I Nyoman Agus Sugiarta Wiswa, Muhammad Natsir, Umaiyah

Abstract:

The purpose of this study was to find out and analyze the imposition of a code of ethics sanction on members of the National Police who committed criminal acts in the NTB Regional Police. This study uses empirical legal research, based on normative law and observes how reactions and interactions occur when the norm system works (law in action). Therefore, this research is based on the National Police Law, the police profession’s code of ethics and code of ethics which subsequently sees its enforcement in the NTB Regional Police. Based on the results of the study, the imposition of a code of ethics sanctions against members of the National Police who committed criminal acts was carried out by the Proposal Division of the Professional Accountability Division and the National Police Code of Ethics Commission (KKEP), with preliminary examination mechanisms and KKEP hearings. Criminal acts in 2017 in the NTB Regional Police that have gone through the KKEP trial stage amounted to 21, the type of sanctions imposed are 10 Demotion and 11 PTDH 11.

Keywords: Sanctions, Code of Ethics, Members of the National Police, Crime  

Full Text: PDF

I Gede Suantara, Galang Asmara, Minollah

Abstract:

The existence of a lawsuit on 14 Political Parties that are candidates for the 2019 Election Contest that have not passed the Administration verification to Bawaslu, where the KPU Regulation (PKPU) Number 11 of 2017 made by the KPU institution is considered contrary to the provisions stated in Law Number 7 of 2017 concerning General Elections, in particular the use of the Political System Application (SIPOL) in registering and verifying Political Parties to become Participants in the 2019 Election, and in the Bawaslu Decision to annul some of the regulations made by the KPU, resulting in legal uncertainty and the election schedule. The results of the research are the existence of disputed objects KPU Regulation No. 11 of 2017 is associated with several theories of legislation and state institutions in relation to the use of authority deemed beyond authority, Bawaslu annulled KPU Regulation No. 11 of 2017 concerning Registration, Verification, and Determination of Participant Political Parties General Election of Members of the House of Representatives and Regional Representatives. Because it is clear in Law Number 12 of 2011 concerning the Establishment of Legislation especially Article 9 paragraph (2) and in Law Number 7 of 2017 concerning General Elections article 76 paragraph (1), it is related to the matter referred to in the Bawaslu institution before prosecuting Political Parties, submit a judicial review to the Supreme Court, because this institution has the authority to test it. However, at the stage of the implementation of the General Election, the KPU institution obeys and obeys to follow the decisions issued by state institutions, so that the result of the decision resulted in Changes to the 2019 Election Schedule, Program and Stages and the Election of 2019 Participating Political Parties.

Keywords: authority bawaslu, KPU, organizing general elections

Full Text: PDF

Hari Agung Cahyadi, Sudiarto, Kurniawan

Abstract:

The purpose of the research is to analyze the form of OJK’s authority in supervising consumer protection against financing institutions of PT. Oto Multiartha. And to analyze the efforts of supervision of consumer protection by OJK at the financing institution of PT. Oto Multiartha. The type of research used by the compiler is a type of normative legal research, namely research conducted by conducting legislation that is applicable and applied to a particular legal problem, using field data as supplementary data. Using the approach method: statute approach. And conceptual approach (conceptual approach). The results of the research are: OJK’s authority in supervising consumer protection against financing institutions is very clear with the issuance of several regulations that become the guidelines and references of the OJK to follow up on all problems or complaints from consumers. Although between consumers and financial institutions is only based on agreement or agreement of the parties. OJK has the full authority to oversee financial institutions, especially PT. Oto Multiartha Mataram, based on the applicable laws or regulations and the authority obtained from OJK is the authority of an institution or institution. Whereas the efforts made by OJK in conducting supervision in financial institutions, especially PT. Oto Multiartha Mataram has carried out various efforts but it is still not maximal. OJK with the existing regulatory references that have mandated OJK to supervise and take steps or efforts to prevent problems between consumers and financing institutions by providing supervision, reprimand even by giving mild sanctions to revocation of business licenses.

Keywords: Authority of OJK, Supervision, Consumer Protection

Full Text: PDF

Heril Iswandi, Lalu Parman, Umaiyah

Abstract:

The aim of this research is to analyze the existence of  Law  provisions Number 4/PNPS/1963 Article 1 paragraph (1) and article 6 of  Law  number 4/PNPS/1963 concerning on the safeguarding of Printed matters’ content that can interrupt Public Order before and after  Constitutional Court  verdict Number  6-13-20/PUU-VIII/2010 as well as analyzing the roles and obstacles of the Attorney General in confiscating the circulation of printed  matters before and after the Constitutional Court Verdict Number 6-13-20/PUU-VIII/2010.

The method of this research uses an empirical legal research, with a legislative approach and conceptual.  Collection techniques of legal material are carried out by collecting various references of primary, secondary and tertiary legal materials, and then it was analyzed quantitatively so that they can be concluded deductively.

Based on  results of  this research,  it can be concluded that Law  Number 4 / PNPS / 1963 concerning on Safeguarding Printed Matters that can disrupt Public Order as a basis for conducting surveillance of printed matters certified by the Attorney General is no longer valid since the verdict of the Constitutional Court number 6-13-20/PUU-VIII/2010 on October 13, 2010 as well as based on Constitutional Court Verdict Number 6-13-20/PUUVIII/2010, that the Attorney General is no longer  has authority to issue a decree on printed matters prohibition. However, based on Law Number 16 of 2004 Article 30 paragraph (3) letter c, the Attorney General  has authority to supervise the circulation of printed matters in Indonesia as well as  implementation of  printed matters confiscation  by the Attorney General has no obstacle due to  Attorney General’s actions.

Keywords: confiscation, printed matters, constitutional count’s verdict

Full Text: PDF