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KONSEP PENGATURAN PENJAMINAN SIMPANAN NASABAH PADA BANK SYARIAH
Get PDFFund Guarantor Institution (LGI) does not yet have Syariah scheme as a distinguishing feature of Sharia-based society fund guarantee. Meanwhile, the existing Government Regulation, that is PP No. 39 Year 2005 about Bank Customer Fund Guarantee based on Sharia Principles, is very simple so that it is not sufficient and does not cover Islamic Banks. Based on the background, the problem formulation in this research is “What is the concept of customer fund guarantee regulation like in Islamic Banks?” The objective of this research is to make a concept about customer fund guarantee regulation in Islamic Banks.The type of this research is juridical normative that is doctrinal, with law and conceptual approach method. As a doctrinal law research, this research will only review legal materials; primary legal materials, secondary legal materials, and non-legal materials. The analysis of this research uses prescriptive method.The conclusion of the research is that in Banking Operation Principles in Indonesia there are two types of banks; conventional and Islamic bank, where both types use different systems. As a consequence, in principle, the institution that guarantees the customer fund should be distinguished. This is based on some considerations :Islamic Banks proscribes bank interest, because of that they do not use bank interest mechanism in its operation, therefore the institution that guarantees its customer fund should not use bank interest mechanism.In its operational systems, Islamic Banks use covenants that have been determined according to Islamic Fiqh, so the institution that guarantees its customer fund should base its operation system to the covenant that is based on Islamic Fiqh. Islamic Banks are limited by what may be done and what may not be done based on Islamic Fiqh, determination, so the institution that guarantees its customer fund should base its operational on the same determination.Therefore, there will be a consistency between Islamic Banks and the institution that guarantees its customer fund in Islamic Banks which at the end will guarantee protection towards the customers who are willing to perform Islamic religious duty in a good and correct way
Perjanjian Kerjasama Jasa Operator Yang Aman Dan Menjamin Kepastian Hukum Di Bidang Transportasi
Get PDFA success in the business world could be seen one from the absence of problems nor disputes among the business people.The interests of investors either business people in conducting business transaction caused by the availability of a certainty within the business itself. The investor or business people would be interested to conduct a business or transaction with the result that there are teasing and ensure legal certainty in the position of conducting business or cooperation in these efforts. Perhaps even legal certainty is a major factor which is very important for them to conduct business, especially a business or partnership that has a very large nominal value, including the cooperation in transportation sector, especially the service provider. Legal certainty is a major factor to gain the trust and convince the investors to do a partnership in conducting business transactions. One of kinds of legal certaintycould be stated in a written agreement in which regulates everything that had been agreed upon by the parties who enter into agreement. The cooperation of operator services in transportation sector actually has usually conducted even though several of them conducted without a clear agreement between the rights and obligations of the parties, that when there is damage to the armadas for example if it is not agreed in advance, the parties who will bear the cost of the damage that will refuse the responsibility.Likewise, the method of payment to be clear on how and what if there is a delay or no increase in the price of fuel the vehicle or if there is inflation is going to affect the implementation of on going cooperation agreement. Moreover if all that does not set out clearly and firmly will lead to problems that will result in performance
KEBIJAKAN PENANGGULANGAN KEJAHATAN TERHADAP PELAKU KELAINAN SEKSUAL YANG MELAKUKAN PENCABULAN MELALUI REHABILITASI
Get PDFCriminal acts of sexual abuse under Article 82 of Law Protection of children, also under Article 292 of the Criminal Code, as general criminal law where criminal threats 5 years imprisonment, against the actions of sufficient age, who do obscene acts with other people the same sex, which known or reasonably should be expected, that was not old enough. These acts of abuse against people want castrated using chemicals. This paper provides an alternative in criminal policy for perpetrators of sexual disorder which criminal act of abuse by using medic rehabilitation and social rehabilitation, in Psychiatric Hospital or Psychiatric Therapy, considering the criminal act of abuse committed by perpetrators of sexual disorders like people whose souls disturbed because of illness, so that Article 44 can apply to cases
Peluang Titik Berat Otonomi Pada Daerah Provinsi dalam Sistem Ketatanegaraan Republik Indonesia
Get PDFThis research entitled: Study Focus of Provincial Autonomy In the constitutional system of the Republic of Indonesia. The result of the research can be concluded that the First, the 1945 Constitution does not give a clear regulation about the options in the unit of local authority where the policy emphasis autonomy placed. The Second, in the history of the accomplishment regional administration, the policy emphasis on the autonomy at the regional Level II/regency/City normatively used to be implemented at the time of the validity of Law Number. 5 of 1974 and Law Number. 22 of 2004. The third, in the normative perspective chances of emphasis on provincial autonomy in the future is very open, it is because at the Article 18 of the 1945 amendments to the results of an open policy (open legal policy) about regional autonomy and regional autonomy center of gravity. In these provisions, do not regulate in which the emphasis regional autonomy placed. Thus the focus wisdom of regional autonomy is highly dependent on the political will of the legislators with regard to the situation of country, such as politics, security, economy and society when the law was made and the policy of the center gravity of regional autonomy in the Provincial or the Regency/City is not contradictory with the Constitution of Republic of Indonesia Year 1945
Constitutional Complaint Dalam Rangka Penegakan Hak Asasi Manusia di Republik Indonesia
Get PDFThe Constitutional Court exists to oversee the RI State Constitution contained therein and the protection of human rights enforcement. Protection of constitutional rights of citizens by the Court comes through constitutional review authority. But in the mechanism, the Court protect the constitutional rights of citizens to the extent of constitutional rights are violated by the provisions of the law, so the law will be declared contrary to the constitution. In fact, the possibility of violations of citizens’ constitutional rights not only through the normative provisions of a law. There are many way and possible that violation of the constitutional rights of citizens, either by the authorities or by the actions of other parties. In this condition we know that constitutional complaint very urgent in Constitutional Court in Indonesia
PERLINDUNGAN HUKUM BAGI KREDITOR DALAM PENGGUNAAN BASE TRANSCEIFER STATION (BTS) SEBAGAI OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN KREDIT
Get PDFThe development of telecommunications business major effect on development. However, this requires a relatively large funds , so that the telecommunications service provider is in need of funds from the bank to the credit agreement . Bank has a big risk in lending this , so we need guarantees, one of which fiduciary guarantee with objects Base Transceiver Station . The purpose of this study was to determine and analyze the use of Base Transceiver Station in the credit agreement and what if the debtor defaults. The research method is a normative juridical. From the results it can be seen that the Base Transceiver Station ( BTS ) is a moving object that can be the object of fiduciary guarantee . If the debtor defaults , BTS can be executed in accordance with the stipulated in Fiduciary Guarantee Act
Rekonstruksi Lembaga Penyelesaian Sengketa Akad Pembiayaan Dengan Jaminan Hak Tanggungan Pasca Putusan Mahkamah Konstitusi Nomor 93/PUU-X/2012
Get PDFThe purpose of this research is to know the reconstruction of dispute resolution institutions of financing agreement with mortgage guarantee interest in Islamic banking practices following the Ruling of the Constitutional Court Number 93 / PUU X / 2012. In addition to this, the importance of this research is to the development of Islamic banking institutions in Indonesia and economic law, particularly the law of Islamic economics. For researchers, the importance of this study is to realize the competence of researchers in developing science insightful of sharia law, especially law of syariah economic.The method in this research, using qualitative tradition, its operation carried out in accordance kostruktivisme paradigm. The relative position (stand point) the authors of the problem in this study at the level epiteme not as a participant but instead as an observer. Strategy Research carried out by the two strategies is the research library (Library Research). This study uses socio-legal rules governing studie.Technic data collection to secondary data obtained through library research and a legal document. The primary legal materials, consisting of Article 55 of Law No. 21/2008 and explanation, Article 39 of Law No. 30 /1999, Law No. 4/1996, Law No. 50/2009 Constitutional Court Decision No. 93/ PUU-X / 2012. Secondary law, consists of book-nail on the agreement (contract), Islamic banking, political law, legal theory, legal research methodology, journals. The primary data obtained as supporting data through research in the field (Field Research) with observations interviews which includes: 1) Law sanction institution: Judges Religion, Arbiter in Basyarnas, Staff Bagia Legal in Islamic Bank, Mediator in Bank Indonesia, Notary; 2) Role Occupant: Management Islamic Bank, Islamic Bank Customers, which is done by hermeneutics, sociology of law and phenomenology. Analisys data using qualitative descriptive analysis that describes the development of dispute resolution institutions guarantee security interest in Islamic banking practices after the Constitutional Court Decision 93/ PUU-X/2012. The Results from this study is the reconstruction of dispute resolution institutions of financing agreement with hak tanggungan guarantee interest in Islamic banking practices following the Ruling of the Constitutional Court Number 93/ PUU X / 2012 is resolving disputes financing agreement with mortgage guarantee through Parate Executie more effectively and efficiently in other words more beneficial for of the parties when compared to the settlement of disputes trough the assurance executorial title. However, for the preventive protection during the pre-contractual agreement prepared sharia Islamic banks needfully the deed of acknowledgement of financing manufacture (APP) agreed debtor. The parties are no longer glued to that in resolving disputes and guarantee rights dependents through judicial institutions and non litigation in the narrow sense, namely non litigation on consultation, banking mediation, arbitration through the National Sharia Board of Arbitration or other arbitration institution, but can also cover non-litigation processes such as consultation, negotiation (negotiation), conciliation, non judge mediation, expert opinion or assessment
REKONSTRUKSI KEWENANGAN KONSTITUSIONAL KOMISI YUDISIAL
Get PDFAfter the Amendment of the 1945 Constitution of The Republic of Indonesia, The Judicial Power has become the most fundamentally power and also as a part of the axis of power which its function is to enforce justice. According to the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power in the structure of state power, is still placed at the power that is free from intervention or influence from other power in exercising its authority. In the structure of state power, after the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power shall be implemented by a Supreme Court and judicial bodies underneath it in the form of public courts, religious affairs courts, military tribunals, and state administrative courts, and by a Constitutional Court. The Amendment of the 1945 Constitution of The Republic of Indonesia, also spawned a new institution, which its function is relating to judicial power, namely an independent Judicial Commission which shall possess the authority to propose candidates for appointment as justices of the Supreme Court and shall possess further authority to maintain and ensure the honour, dignity and behaviour of judges
KONSEPSI PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP DALAM UUPR DAN RTRW SE PROVINSI NUSA TENGGARA BARAT
Get PDFPersoalan penataan ruang tidak bisa lepas dengan lingkungan hidup dan sumber daya alam. Ketiga komponen ini selalu berkaitan, sehingga baik di dalam UUPR maupun di dalam Perda Provinsi dan Kabupaten/Kota tentang rencana penataan ruang selalu memperhatikan lingkungan dan sumber daya alam. Kajian ini bertujuan mengetahui dan memahami konsepsi dasar perlindungan dan pengelolaan lingkungan hidup baik di dalam UUD NRI 1945 maupun di dalam peraturan perundang-undangan organiknya. Dan untuk mengetahui dan memahami tentang konsep hukum pengaturan perlindungan dan pengelolaan lingkungan hidup di dalam UUPR dan Perda-perda RTRW di Provinsi NTB. Berdasarkan hasil kajian dan analisis menunjukan bahwa konsepsi dasar perlindungan dan pengelolaan lingkungan hidup telah diatur dengan jelas di dalam UUD NRI 1945 (amandemen) dan peraturan perundang-undangan organiknya. Lingkungan hidup adalah salah satu komponen kehidupan yang selalu melekat dengan manusia, oleh karena itu harus diatur, dikelola dan dilindungi dengan baik. Sedangkan Pengaturan perlindungan dan pengelolaan lingkungan hidup baik di dalam UUPR maupun di dalam Perda-perda RTRW di Provinsi NTB sudah diatur secara jelas dan detail. Dengan demikian, pengaturan perlindungan dan pengelolaan lingkungan hidup tidak hanya terdapat di dalam UUPPLH dan peraturan pelaksanaannya, akan tetapi diatur juga di dalam UUPR dan peraturan pelakksanaannya, serta Perda-perda RTRW Provinsi dan Kabupaten/Kota se-NTB.Key Words: Perlindungan lingkungan hidu