Sriwijaya Law Review
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The Implementation of Musyarakah by PT Bank Aceh Branch of Banda Aceh, Indonesia
Get PDFAccording to Article 19 Paragraph (1) of the Law Number 21 of 2008 concerning Sharia Banking, one of the activities of Sharia Banking is to provide financial funding based on musyarakah (profit sharing). The implementation of musyarakah by PT Bank Aceh Syariah in Banda Aceh has been covered up to 85 customers from the period of 2015 to 2017. In musyarakah contract the customers have to fulfil their obligations to pay the payments to the bank. However, the fact shows that the customers could not fulfil their obligations to pay their payments to the bank because they have income problems in running their businesses. From 2015 to 2017 there were seven customers were not well performed musyarakah. This condition has resulted in breach of contract by the customers which is known as non-performing musyarakah funding. This study aims to scrutinize legal consequences arising from non-performing musyarakah funding and identify the efforts taken in the settlement of this problem. This study is an empirical juridical research. Data required for this study were collected through field research by interviewing respondents or informants. The result shows that the legal consequences arising from this non-performing musyarakah funding were pledges or defaults by the customers because they violate the Article 12 of Musyarakah contract. The efforts taken in settling this problem among others are collecting the arrear obligations and handling non-performing musyarakah to the bank’s officer to be analysed based on legal analysis. Therefore, it is advised that the customers should fully fulfil their obligation to pay their payments to the bank based on musyarakah contract. Then, the bank officers are suggested to fully analyse the arrear obligations of the customers based on legal analysis. By doing so it could reduce non-performing musyarakah funding in the futur
The Legal Aspect of the Tax Competition in EU: Case of Kosovo
Get PDFThe aim of this paper is to analyse the tax competition -fiscal competition within the EU Member States. The complexity of the tax competition concept in the EU will be addressed in two dimensions: the impact of tax competition on the growth of foreign investments and the increase of revenues that preserves the neutrality of common market. In the case of the functioning of tax competition, the Kosovo tax system will be compared to the tax system of the EU. Compilation qualitative methods, individual case study methods, and normative analysis methods were applied in this study. From the results of the treatment one may notice that through increased tax competition, the attractiveness of their tax systems increases automatically through the provision of lower tax rates that may result in foreign investment inflows. Given that resident and non-resident persons within the jurisdiction of a State have equal treatment from a fiscal point of view. It is concluded that the principle of neutrality is fully implemented in the EU Member State and those that express aspirations for joining the EU. The current changes in the tax system of Kosovo, made the system more competitive within the EU are
Separation of Powers Under the 1999 Nigerian Constitution: The Core Legal Dilemmas
Get PDFAt the core of Nigeria's constitutional practice lies the doctrine of separation of powers. The application of the principle is such that power under Nigeria's presidential cum federal system is delineated both horizontally and vertically. Even though the doctrine has a major feature of every constitution in the world, its implementation does not seem satisfactory given the insults that have been carried out by successive governments. This paper examines the doctrine of separation of powers and its complicatedness as regards to its practice in Nigeria's constitutional democracy. Reflecting on the history of Nigeria, this paper will discuss the eroded implementation of the principle of separation. As a result, it seems to be that the concept of "separation" is not going well and tends to fuse the function of executive and legislative institutions. In this situation, the principle is in a dilemma. This paper further offers a flicker of hope by pointing to the fact that all hopes do not appear lost, as the Judiciary still maintains some level of ‘separateness,' except that only time will tell as to how much this lasts
Applying the Advocacy Coalition Framework to Understand the Process of Local Legislation in Indonesia
Get PDFMaking regulation is the primary function of the modern state. Current praxis shows how there is positive and negative cooperation among policy participant in the process of local legislation. Many Indonesian scholars give attention to the politics of law and citizens participation in understanding this process. However, they do not give detail analysis on cooperation among policy participant during the legislation process. Drawing on qualitative methods, this article applies the Advocacy Coalition Framework (ACF) to understand the process of local legislation in South Sumatra Province. This article selects The Provincial Regulation of South Sumatera No. 8 of 2016 on the Forest Fires Mitigation as a case study due to the nature of forest fires as the public problem that obtains attention from various actors. Several key informants representing the executive and the legislative at the local level is selected using the purposive technique as a source of primary data. The secondary data is collected from the official publication of the policy participant, newspaper, and social media. Using interactive models and NVIVO software to code and analyse research data, this article finds that the secondary policy belief (SPB) among policy participant could be similar partially or wholly. This similarity is the foundation of policy participant to make an advocacy coalition. This article identifies two advocacy coalition in legislation process of The Provincial Regulation of South Sumatera No. 8 of 2016 on the Forest Fires Mitigation: ‘the local wisdom’ coalition vs. ‘the no burning policy' coalition. This article discusses the findings and propose a new agenda for further research on local legislation proces
The Impact of the Development of Trade Practices on Enforcement of International Environmental Law
Get PDFThe issue of trade and environment is always debatable. Degradation and damaging to the environment surge the countries in making comprehensive and multi-approach planning. This is based on the view that trade should not only count for profit but also carry out calculations and planning for the impacts and conditions when the business is carried out and after completion. The purpose of this paper is to find out whether the environment causes trade not to be carried out and to end economic growth and there is a solution to balance the environment and trade as prevention in both fields through environmental protection legal instruments. The first issue showed that trade that used to be a source of income that is the main target of countries, nevertheless, the unwise planning and also corrupt cases has made the trade become the trigger for environmental damage. This condition caused by a lack of awareness in law enforcement and even various corruption issues causing trade to become a threat, especially for the environment. The second issue arises, which is the mechanism in balancing trade and the environment to preserve the environment and encourage the country's economic growth by optimizing the implementation of environmental protection laws. This paper uses normative legal research methods by collecting data derived from the literature, legislation, articles, and cases that occur within countries. The result shows that more states and stakeholder using more technique on achieving a balance of trade and environment protection, with a pro-environment calculation, it is expected that trade will be carried out in parallel with environmental preservation
Does Judge Has Ex Officio Rights In determining Mut’ah and Iddah?
Get PDFThe research aims to analyze the factors why the Religious Court judges do not use their ex officio rights in divorce lawsuits. In divorce case, the defendant who does not have any knowledge about divorce laws generally does not ask for mut'ah and iddah to the plaintiff. The question of this research is what factors caused the judges of Religious Court in South Sumatera, especially Palembang and Kayuagung do not exercise the ex officio rights in determining the quality of mut'ah and iddah due to divorce. This research used normative juridical method with empirical juridical through statute approach and case approach. The results show that during 2017 the Religious Court of Palembang used only once its ex officio rightwhile the Religious Court of Kayuagung did it three times. The reasons are: the judges grant only the petitum of the petitioner solely for the reason that the defendant party does not file a counter-claim, in which judge’s reasoning is based on Article 178 paragraph (3) HIR/189 paragraph (3) RBG that the judge is prohibited from giving a verdict which is more than being petitioned known as the ultra petitum partium, the wife's side as the defendant never attended the hearing, the wife never gave an answer or response to the argument in the application of the plaintiff, the wife was not present in the verdict (verstek), the wife of nusyuz, (does not do her duties as wife) the husband is economically insufficient, the wife does not want to demand the maintenance of mut'ah and iddah, the judge sees the causality. This study suggests that judges should exercise their ex officio rights and give advice as well sufficient information to the wife in order to fulfill her rights and interests as the result of the divorce
Legal Aspects of Zakat Empowerment In Indonesia
Get PDFZakat is a number of certain assets that the Muslim people have to give to the persons who are in need. However there are some problems in the zakat management in Indonesia. The objective of this article is to provide for a brief picture of the zakat management in Indonesia. The findings of the research conducted that it was found in 2011 that the Zakat agencies have been able to manage up to ten billion rupiahs which distribution covers the whole parts of Indonesia. Nevertheless, in Indonesia zakat has a big potential, by having 87% of Muslim populations and 20% of them are assumed as the zakat givers (muzakki). Therefore as it was reported in 2011 that the potential value of zakat was around Rp 217 trillions. In addition, the zakat added with infaq calculated around Rp 1.5 trillion per year. Meaning that the zakat collected has not reached even more than 1 percent of the potential zakat per year. Even though the number of Muslim people in Indonesia is very significant, the problems centered in the management of the zakat which is still in traditional pattern where the zakat givers (muzakki) give directly to the persons who has the right to receive zakat (mustahik). It is suggested that it need revolutionary improvement in the zakat management, there must be a mindset changing from traditional management to modern zakat management where the zakat officer (amil zakat) must be a professional one, and permanent job basis. This surely will improve the zakat management and the poverty will surely be eliminated. This research used empirical methods including the effectiveness and impact of the la
Legal Protection of Patient Rights in Indonesia
Get PDFThis study examines the legal protection of patient rights in health services in Indonesia. The aims of the study are to find out how the legal protection of patients as consumers in receiving health services and what factors affecting the legal protection of patients’ rights in receiving health services. The method employed in this study is a normative study by analysing data obtained from library. The data gathered are in form of secondary data. All the data collected are analysed descriptive qualitative. The problem raised herein is Law Number 44/2009 Concerning the Hospital is not fully well implemented. The results showed that there were many factors influent the effectiveness of Law Number 44/2009 above. The conclusion drawn up that the malpractice in terms of providing medical care may cause disharmony between physicians and patients; the facilities and infrastructures in the health care provided for in the hospital do not support the patients’ rights to obtain health care. Any responsibility borne to the hospital may only in the case of the patients suffered from the malpractice. Should this happen the patients can submit any formal complain to the Cour
The Importance of Applying the Membership Value Toward Savings and Loans Cooperatives in Indonesia
Get PDFCooperative Loans and Savings (KSP) is a business entity that having an essential role as an alternative capital fund which is faster and based on the Membership Principle. According to Law No 25 the Year 1992 concerning Cooperatives states that Cooperatives in Indonesia should operate under the Membership Principle. Cooperatives have social characteristics in the form of prioritizing mutual benefits and interests rather than personal interests and benefits. Thus, cooperatives must become the spearhead of the national economy by collecting and distributing funds. However, the reality, there are still numerous frauds in the process of collecting and distributing funds to raise the deposit and also the high interest and the high late charge. The problem appeared is how the actual management of cooperatives loans and savings to carry out their duties and functions. This research is also dealt with the extent of supervision, which is mandated by the law. KSP needs a proper procedural of supervision for their organization. The Financial Services Authority (OJK) is expected to work together with the Ministry of Cooperative and SMEs Office to supervise Cooperative Loans and Savings because it is found that many injustices have been fallen debtors and it is urgent to revise the law and make KSP is under OJK's supervision. The objective of this research is to examine the management of Cooperative Loans and Savings in Indonesia. The other aim of this research is to provide recommendation and consideration for the Indonesian government to strengthen the supervision of Cooperative Loans and Savings under OJK because there is malpractice regarding the term of interest in KSP. The research method used in this article is the statute method, which is supported by an empirical juridical approach in KSP Mitra Usaha Perkas
The Urgency of Presidential Policy to Revitalize and Maintain the Existence of Cooperatives Based on Pancasila
Get PDFThe article aims to examines how the role of the President of the Republic of Indonesia as the head of state as well as the head of government through its policies and legal products. It is because the President has a role in creating a conducive atmosphere in the economic sector especially in revitalizing and maintaining the existence of a Cooperative as Indonesia's economic pillar based on Pancasila to face the wave of the liberal economy in the era of globalization. This situation occurs, perhaps, due to the lack of confidence and understanding of the Pancasila as a social philosophy. This problem can be observed by several phenomena occurring in the community such as the malignant and violent settlement of problems resolution in a social, political, cultural, legal, and religious system. This study applies normative methods with a statute approach. As a result, it can be concluded that a legal product comes from the 1945 Constitution to the Presidential legal products, namely government regulation and presidential instruction will have an implication to the objective and the result whether it is good or bad