Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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The Principle of Proportional Contracting in Sharia Bank Financing Contracts in Optical Maqasid Sharia
No full textThe principle of proportionality in Sharia financing contracts upholds equality. The manifestation of equality cannot be seen mathematically but is oriented towards legal equality. The same proportion in the contractual relationship between the parties is manifested in the clauses of the agreement contract. Contractual justice can be realized with two approaches to value: the first is a technical approach that focuses on freedom of will in a contract, and the second is a substantial approach that is reflected in the clauses of the contract. Both approaches will reflect the contract proportionally and distort the dominance of freedom of contract. The method of binding sharia banks which is relatively the same as conventional banks, is one of the factors that builds the perspective of the community that sharia banks are the same as conventional banks but ignores the differentiating meaning of sharia banks is the content of the contract clauses based on sharia principles, especially fiqh muamalat. The research method was conducted descriptively and analytically with a normative legal approach. The results of the study show that first, the principle of proportional contracting based on maqasid sharia can be realized with a balance of risk and benefit (al qurmu bilgurmi), educating individuals is realized with professionalism, transparency, and honesty (dar'ul mafasid aula min jalbil manafi), and the realization of actualized benefits through supervision of sharia contract products based on sharia compliance. Second, the application of the principle of proportionality in contracting in sharia financing contracts is not by maqasid sharia, this is reflected in the major premise of the clause of the sharia bank financing contract such as the mechanism for paying obligations, tax deductions, providing collateral guarantees, breach of promise and clauses of negligence of guarantee statements and clauses of accelerated repayment deductions
Setting Refund and Warranty Clauses Urgency in Electronic Agreements: Harmonization between Covenant Law & Consumer Protection
No full textThe rapid growth of electronic transactions in the digital era has driven the transformation of conventional contract models into e-contracts based on digital and automated systems. However, this transformation poses serious challenges in terms of legal protection for consumers, particularly regarding refund and warranty clauses, which are often unilaterally drafted by businesses. The main issue addressed in this research is the lack of clarity in the substance of refund and product warranty clauses in electronic contracts, which contradicts the principles of contractual fairness and consumer protection. This study used a normative juridical method with statutory and comparative legal approaches, focusing on international practices, particularly in the European Union. The findings reveal a regulatory gap in Indonesia's positive law, including Law No. 8 of 1999 on Consumer Protection, Law No. 11 of 2008 on Electronic Information and Transactions, and the Indonesian Civil Code. The absence of minimum standards for refund and warranty clauses results in an imbalance of power between businesses and consumers and undermines legal certainty in digital transactions. Therefore, there is a need to harmonize the principle of freedom of contract with consumer protection through the establishment of regulations that govern standard clauses in a transparent, proportional, and fair manner. Such regulation is expected to resolve the dilemma between business efficiency and the fairness of legal protection, and to foster the development of a sustainable digital trade ecosystem
Implications of Digital Transformation of Land Registration Processes as Seen in The Face of Agrarian Law
No full textDigital transformation in the Land Registration Process is part of the modernization of land administration and services in Indonesia. The digitalization of the land registration process is regulated by Regulation of the Minister of ATR/BPN No. 3 of 2023 concerning the Issuance of Electronic Documents. The land registration activity refers to Government Regulation No. 24 of 1997 and Government Regulation No. 18 of 2021. The legal umbrella for the digitalization of land registration is regulated in the UUITE, UUSPK, PP PSTP, PBBSSN, and Presidential Decree SPBE. Digital transformation involves electronic land registration, making the shift to the UUPA a specialist lesson from the perspective of legal certainty and legal protection. There are crucial issues regarding the electronic system, the legality and evidentiary power of electronic certificates, especially in the event of a dispute or system failure. Meanwhile, the electronic system also affects legal protection faced with data security risks, the potential for digital maladministration, resulting in losses arising from system errors. The implications of digital transformation in the land registration process in the UUPA and PP are required to evaluate the extent to which the implementation of electronic systems is able to guarantee Legal Certainty which must be clear, consistent and predictable as well as Legal Protection (guarantee provided by the legal system to protect every right to land ownership for the community, as well as identifying the problem of disharmony or overlapping rules as a logical consequence of legal implications and digital implications. This qualitative research applies a juridical-normative approach and is enriched with in-depth interview data. Of course, the most fundamental implication is the emergence of disharmony of rules between lex specialis, namely the UUPA with Lex Generalis UU ITE and technical regulations that support digitalization, and overlapping regulations related to the protection of ownership rights and the validity of electronic evidence (for example between BPN government regulations and the ITE Law). This condition hinders the realization of the goals of Indonesia's Transformation Infrastructure in the land sector. This research recommends comprehensive harmonization of regulations, the establishment of clear legal responsibilities in the digitalization of the land registration process
Excellent Service Quality of Land Administration in Response to The Community A Comparative Study of Kendal Regency and Semarang City
No full textThis study aims to analyze the quality of excellent land administration services based on community response in two regions with different characteristics, namely Kendal Regency and Semarang City. The main issue examined focuses on differences in community perceptions and experiences of public services in the land sector, particularly regarding the aspects of speed, transparency, and professionalism of officials. The approach used is qualitative with a comparative case study design, which allows researchers to explore social phenomena in depth in a local context. Data were collected through semi-structured interviews, participatory observation, and documentation studies, with participants selected using purposive and snowball sampling. The results of the study identified three main themes, namely: (1) public perceptions of excellent service, (2) responsiveness and professionalism of officials, and (3) transparency and certainty of services. The Kendal community considers the friendliness of officials to be a key aspect of service, but still faces obstacles in terms of certainty of time and cost. Meanwhile, the people of Semarang consider the efficiency and openness of the digital system to be the main advantages, despite the challenge of the digital literacy gap. These findings reinforce the SERVQUAL theory by adding the dimensions of socio-cultural context and service digitalization. Theoretically, this study contributes to the development of adaptive service-based public administration studies, while practically providing recommendations for improving the capacity of officials and integrating inclusive digital service systems. Further research is recommended to explore the aspects of inclusiveness and digital literacy in public services in semi-rural areas
Pile Capacity Analysis Using Hydraulic Static Pile Driver and Pile Driver Analysis Test Method on the Tuntang River Bridge Foundation, Grobogan Regency
No full textAbstract : Results of the analysis of the compressive pile capacity of the HSPD results with PDA-Test (CAPWAP) with The results of the pile capacity analysis using the PDA Test (CAPWAP) obtained an average value of Qult = 480 tons , while the results of the pile pressure capacity analysis using the HSPD Hydraulic Static Pile Driver obtained an average value of Qult = 250.17 Ton so that maximum load on a single pile with a load of Pmax = 225.78 tons / pile. Capacity analysis results from the interpretation value of the compressive pile capacity from the PDA-Test (CAPWAP) with HSPD Hydraulic Static Pile Driver Power support Pile Q ult = 392 Tons at a depth of 28 m from the top of the pile with a pile settlement value of 14.63 mm, so that pile able to support the maximum load on the pile and the settlement is still safe against Pmax settlement value 2.5 cm
Transit Oriented Development Concept for Responsive Pedestrian on Pandanaran Street, Semarang City
No full textThe concept of Transit Oriented Development (TOD) entails city planning for sustainable urban development, through a system, that aims to reduce the use of private vehicles and increase the interest in walking and transit areas utilization. Jalan Pandanaran is one of the supporting roads located in Simpang Lima area, which is crowded with offices, trade, and service centers. This area has the potential of becoming a regional center or Central Business District (CBD), which implies that it is capable of having a sustainable transportation system through the TOD concept depending on the Regional Center it is being applied to. Therefore, this study aims to identify, analyze and determine the concept of planning the Transit Oriented Development (TOD) system in the Pedestrian Path of Jalan Pandanaran. The method used was rationalistic quantitative with scoring analysis techniques and pedestrian analysis. The result showed a feasibility assessment on the pedestrian path on Pandanaran Street, through the application of the concept of TOD system planning based on the responsiveness of pedestrian users on the path.
The Concept of Ta'dib Al-Attas and Its Relevance to the Implementation of the ISMUBA Curriculum
No full textThis study aims to conduct an in-depth analysis of the concept of ta’dib in the thought of Syed Muhammad Naquib al-Attas and to explore its relevance to the implementation of the ISMUBA curriculum. The main focus of this research is to explain how the Islamic educational principles proposed by al-Attas can serve as a normative framework for reviewing the ISMUBA curriculum. This study adopts a qualitative approach through a literature review and descriptive analysis method. The data sources include the original works of Syed Muhammad Naquib al-Attas, official ISMUBA curriculum documents, and scholarly articles on ISMUBA curriculum implementation obtained from Google Scholar. The findings reveal that the implementation of the ISMUBA curriculum reflects the core principles of ta’dib as articulated by Syed Muhammad Naquib al-Attas, particularly in its emphasis on the integration of knowledge (‘ilm), action (‘amal), and ethics (adab) within the educational process. The ISMUBA curriculum not only targets cognitive achievement but is deliberately designed to shape students' character and spirituality through a holistic and integrative approach. Nevertheless, practical challenges such as limited teacher training and inadequate infrastructural support remain significant obstacles that need to be addressed. This research can serve as a reference for curriculum developers and Muhammadiyah education practitioners in designing instructional strategies oriented toward the cultivation of noble character
Strengthening Religious Character Through the Tujuh Poe Atikan Program for Elementary School Students
No full textHumans with character are a reflection of the progress of civilization. Everyone upholds the values of goodness and truth for the common good. Every religion wants goodness, especially Islam as a religion of the mercy of the universe. SDN 2 Tanjungsari, Purwakarta Regency, implements strengthening religious character through the Tujuh Poe Atikan program, namely a program that is based on the values of local wisdom of Sundanese culture. With that, it is hoped that Sundanese culture will be integrated in character formation efforts to strengthen religious character in students. The purpose of the study was to describe the implementation of strengthening religious character through the Tujuh Poe Atikan program for elementary school students. This study uses a qualitative approach with a case study method. Data sources were obtained from the Principal, Vice Principal and Teachers. Data collection techniques through interviews, observation and documentation. For data analysis techniques through data reduction, data completion, data interpretation, triangulation and conclusions. The results obtained show that strengthening religious character through the Tujuh Poe Atikan program in elementary school students strengthens religious character
Lineage Status and Inheritance Rights of Children from Interfaith Marriages According to the Compilation of Islamic Law (KHI)
No full textMarriage, lineage, and inheritance law are three interrelated things in human life, because marriage is one of the causes of obtaining lineage and inheritance. From the marriage, lineage can be created and mutual inheritance between husband and wife as well as children and parents. However, it is different if an interfaith marriage occurs, because religious differences are one of the factors that hinder lineage and inheritance. The purpose of this study is to determine and analyze: 1) The legal status of interfaith marriage according to the Compilation of Islamic Law; 2) The lineage status of children born from interfaith marriages according to the Compilation of Islamic Law; 3) Heirs of children from interfaith marriages according to the Compilation of Islamic Law. The research method in this study uses a statutory approach, thus this study is included in the category of normative legal research. The legal materials used are qualitative, consisting of primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of literature, doctrines, and other scientific works. The collection of legal materials was carried out through library research, while the analysis technique used is qualitative descriptive analysis to provide a systematic description of the legal norms being studied. The research results concluded: 1)The legal status of children in interfaith marriages creates legal uncertainty, both according to Indonesian positive law and Islamic law. In the national legal system, the validity of the marriage is the basis for determining whether a child is legitimate or not. Because interfaith marriages are not recognized according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, then legally children born from such marriages cannot be categorized as legitimate children in the context of Islamic law; 2) From the perspective of Islamic law as stipulated in the Compilation of Islamic Law (KHI), children resulting from a marriage between a Muslim man and a non-Muslim woman do not have a lineage relationship with their father. This is based on the principle that interfaith marriages are invalid in Islam, so they do not give rise to civil legal consequences in the form of determining lineage. Thus, the child's lineage can only be traced to the mother, as regulated in Article 100 of the KHI which emphasizes that illegitimate children only have a lineage relationship with their mother and their mother's family; 3) The implications for inheritance rights cannot be ignored. Because there is no blood relationship between a child and their father in an interfaith marriage, there is no inheritance relationship between them. This is in line with Article 171 letter c and Article 186 of the Compilation of Islamic Law, which states that inheritance only occurs between Muslims and those related by blood or by a valid marriage. Therefore, children of an interfaith marriage are not entitled to inherit from their Muslim father, and vice versa, except through a grant or mandatory will within certain limits
Legal Impact of the Division of Joint Rights to Land on the Obligation To Pay Land and Building Rights Acquisition Fees (Bphtb)
No full textThe Deed of Joint Ownership Distribution (APHB) in relation to the obligation to pay the Duty on the Acquisition of Land and Building Rights (BPHTB) is a crucial issue in Indonesia's land and taxation law practice. Juridically, the APHB is declarative in nature because it merely confirms the division of jointly owned property without creating new ownership rights. However, in practice, regional governments interpret the APHB differently when determining whether it is subject to BPHTB or not. This inconsistency has created legal uncertainty and inequality among citizens, as the tax burden imposed is often disproportionate to the legal benefits received. Therefore, a clear and harmonized legal framework is necessary to ensure that the application of BPHTB to APHB is consistent with the principles of legal certainty and justice. This research employs a normative legal research method using the statutory approach, conceptual approach, and case approach. The legal materials used consist of primary legal materials such as statutory regulations and court decisions, secondary legal materials such as literature and academic journals, and tertiary legal materials such as legal dictionaries. The data were analyzed descriptively and analytically by applying two main theories as analytical tools, namely Gustav Radbruch's Theory of Legal Certainty and Aristotle's Theory of Justice. The study reveals that an APHB without compensation does not create a new legal right and therefore should not be subject to BPHTB, whereas an APHB involving compensation constitutes a new legal acquisition and is thus taxable, as affirmed by the contitutional court No. 117/PUU-XXI/2023. However, the absence of explicit regulation in Law No. 28 of 2009 on Regional Taxes and Levies has led to disharmony and inconsistent implementation among regions. Based on Radbruch's theory, this situation indicates a lack of legal certainty; while from Aristotle's perspective, the imposition of BPHTB without any economic gain violates the principle of distributive justice. Therefore, harmonization between the Ministry of Finance and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is urgently needed to ensure fair, proportional, and consistent legal enforcement that provides both justice and certainty for society