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ANALISIS FATWA DEWAN SYARIAH NASIONAL TENTANG WAKALAH, HAWALAH, DAN KAFALAH DALAM KEGIATAN JASA PERUSAHAAN PEMBIAYAAN SYARIAH
Get PDFThe objective of this research is to analyze the Fatwa of Dewan Syariah nasional (Syariah National Board) concerning Wakalah, Hawalah, and Kafalah so that whether it can be applied in the activities of islamic finance company. This is a juridical normative research and focused on analyzing secondary data, specifically in 2 (two) types of Legal material, Primary and Secondary Legal Matrerials. Furthermore, all data will be analyzed and presented descriptevely. This research shows that, regarding Wakalah, the Fatwa about Wakalah and Wakalah bil Ujrah are in conformity with activities by Islamic Finance Company Service. Wakalah was used as Complementary Agreement in Murabahah Financing with Islamic Finance Company as Principal. In the other side, Fatwa concering Wakalah bil Ujrah used when Islamic Finance Company take a position as Grantee. Even though Financial Service Authority’s Regulation specify that service activities may use Hawalah and Kafalah Agreement, but based on this research’s analysis about Fatwa and Fikih, only Hawalah bil Ujrah and Kafalah bil Ujrah that may be used by Islamic Finance Company
FORUM PRIVILEGIATUM SEBAGAI WUJUD PERADILAN YANG ADIL BAGI MASYARAKAT
Get PDFThis paper aims to find out whether the privilegatum forum is needed or not to bring about a fair justice for the community. The state provides fair recognition, guarantee, protection and legal certainty for everyone without distinction of ethnicity, religion or position, including the poor who are unable to have access to justice properly, but in reality justice is not easily obtained, including those who are economically is under. Justice is illustrated more easily by those with special standing as state officials. In order to realize the balance of law and balance the sense of justice in the community, it is time for the forum privilegatum made a permanent choice for state officials who commit criminal acts. Through the privilegatum forum, the dismissal and punishment of state officials committing crimes is committed through special court mechanisms. This special tribunal is the first and final courts whose decisions are final and binding
Konsep Judicial Pardon (Pemaafan Hakim) dalam Masyarakat Adat di Indonesia
Get PDFABSTRACTRenewal of the criminal law puts a new conception of Judicial Pardon in the formulation of Article 56 paragraph (2) of the draft of the Criminal Code concept of 2016. The author is believed the existence of the concept in indigenous Indonesian society, so that it can find the best concept is characterized by Indonesia. The article is based on the results of normative legal research with the method of conceptual approach and statue Approach. The concept of Judicial Pardon has appeared in various forms of implementation within the Indonesian Community, including in Indigenous Batak Karo, Lampung Menggala, Minangkabau, Java and Aceh. The concept of forgiveness that exists within indigenous peoples requires the forgiveness of the victim, and does not necessarily eliminate the criminal. There are sanctions provided but the sanctions are not only for the interests of the victim and the perpetrator but also to restore the balance that has been damaged by the crime. The sanctions in the form of indemnification or other forms agreed by the parties including the public, through a peaceful resolution mechanism without involving the Cour
THE MADRID PROTOCOL: MEWUJUDKAN PERLINDUNGAN HUKUM YANG EFEKTIF BAGI MEREK TERKENAL DI ASEAN
Get PDFIntellectual Property Rights protection system is territorial. Registration and law enforcement must be done separately in each relevant jurisdiction. In the brand regime, this system is often a challenge for brand law enforcement. In practice, a brand with a well-known trademark often used without permission even registered by an unauthorized party only because the trademark is not registered in that country. Even this condition occurs in the ASEAN region. Take Vietnam, for example, in Vietnam it would be very easy to find the use of famous brands without permission by certain parties very freely because the trademark was not registered in Vietnam. The Madrid Protocol, which is a refinement of the Madrid Agreement, since its inception in 1989 is an alternative in building an international registration system. This system offers convenience for brand owners to get protection for their brands worldwide (Protocol member countries) with only one application and one procedure through WIPO International Berau to proceed to destination countrie
PIDANA KERJA SOSIAL DAN RESTITUSI SEBAGAI ALTERNATIF PIDANA PENJARA DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA
Get PDFImprisonment is the criminal delict who always threatened on every offences crime althought criticized various circles due to ineffectiveness realize the purpose of punisment, namely the social defence and fostering offender. This led to the emergence of anternatives on imprisonment in the hope purpose of punishment can be realized. The Tokyo Rules is set to 14 Desember 1990 recommending the counties in the world in order to enter the alternatives of imprisonment in a code penal include a community service order and restitution. A community service order is intended to make offenders be chastened and shammed so as not to repeat the crime (offender oriented), while restitution in the form of payments for losses incurred due to the act the offender to the victim, as an expression of remorse is expected to eliminate the conflict between the offender and the victim (victim oriented). Thus, the purposee of punishment is expected to be realized
KESALAHAN PROFESIONAL DOKTER DAN PUTUSAN HAKIM: DILEMA DALAM PELAYANAN MEDIS
Get PDFThe relationship between the doctor-patient is a very unique law. The uniqueness of this legal relationship beside based on the law; the element of trust is becoming a cornerstone of the creation of the medical practitioners’ acts of effort on the patient, so that the ethical and moral aspects are involved in it. As a cornerstone of patient-doctor relationship, it is built upon trust; it is not an option of the way the medical dispute resolution between doctor-patient but as a must. But in fact, it is not the case, since it is not uncommon for the court becomes the choice of the medical dispute settlement. There would be a reaction from among the medical profession. They assess that the law interferes too far with the autonomy of the medical profession. To overcome this problem then it is offered medical dispute solutions through the judicial profession; there is a need to involve medical profession as a member of the judges. So there is no longer an accusation that the public court judge does not understand the medical issues. In that way, the medical dispute resolution can be achieved
The Use of Gold Dinar and Silver Dirham in Moslem Countries in the Contemporary Era
Get PDFThe dominance of the US dollar and other developed countries currencies, as well as the fact that their currencies have fallen behind, have urged groups of Moslems in some countries to call for the use of gold dinar and silver dirham as a medium of exchange. This paper aims at examining the need, application, and law on the use of gold dinar and silver dirham from the Islamic perspective. To reach the goal set at this moment, a descriptive method is employed in the writing while an analytical method is used to scrutinize the relevant problems. This study finds that in the current situation Moslems need to use gold dinar and silver dirham for their financial contracts. The use of gold dinar and silver dirham is applicable in this modern era although there are some obstacles and problems. Lastly, the use of gold dinar and silver dirham as a medium of exchange is allowed from the Islamic perspective based on some propositions