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The Mortgage Right as MurÄbaḥah Financing Security
No full textIntroduction to The Problem: In order to guarantee the legal certainty for the Islamic banking customer in murÄbaḥah financing is the requirement of mortgage right. The bank customer may use mortgage right as collateral in murÄbaḥah financing. Furthermore, the right can be implemented in the indebtedness, which is different from debt.Purpose/Objective Study: This research aims to find out the contract (al-‘aqd) that is used by the shariah bank to implement the mortgage rights in murÄbaḥah financing.Design/Methodology/Approach: This study is normative juridical research with emphasis beginning on a legal event and then looking for references to a norm system. Therefore, this legal research is conducted by examining primary and secondary legal materials, and non-legal materials relating to the application of Mortgage Rights in Financing, especially for murÄbaḥah financing. In this study, the approach was the statute approach by examining all laws and regulations relating to legal issues, and case approach by examining several cases that have a relationship with the legal issues to be discussed.Findings: The result of this study is that the implementation of mortgage right in murÄbaḥah financing is the possibility of using another contract made by sharia banking with its customers; the contract of acknowledgment of debt. This basis is used as the justification of the implementation of mortgage rights in murÄbaḥah financing
The Principles of Environmental Based Development in International Law and Sustainable Development Goals
Full text linkIntroduction to The Problem: The Sustainable Development Goals or SDGs are development goals in 2030 to carry out environmentally sound development, which explicitly aims to carry out development that is to meet environmental sustainability and is based on human rights. It is also an adaptation of the principles of the Stockholm Declaration 1972.Purpose/Objective Study: This research is to find the principles of environmentally sound development, both within the principles of international law and the SDGs principles, that are expected in future development policies to be carried out in the perspective of the right to the environment, both the central and regional governments.Design/Methodology/Approach: In this doctrinal law research, it is examined using the conceptual approach contained in the principles of development and environmental principles contained in the substance of international law.Findings: In the principles of international law, there are seven principles of sustainable development goals agreed by the international community in the Rio Conference as a guideline in implementing equitable development based on human rights, which also must be guided by the targets of sustainable development within the SDGs.Paper Type: Research Articl
Implementation of Brizzi as an E-Money Payment Tools in Indonesia
Full text linkIntroduction to The Problem: The rapid technological progress at this time has greatly influenced the development of the payment system in Indonesia. Innovations in electronic payment instruments have developed into more usable forms. Currently, like the other country, Indonesia is developing an electronic payment instrument known this day as e-money. Bank Rakyat Indonesia is one of the e-money issuer institutions, which issues Brizzi as an alternative non-cash payment instrument. The problem faced is that there are still many people who do not want to use e-money, especially Brizzi because they do not know the validity of using Brizzi e-money.Purpose/Objective Study: This research aims to study the importance of Brizzi E-Money as a means of payment.Design/Methodology/Approach: This research uses empirical juridical research methods to answer the validity of using Brizzi e-money as a payment method. This study uses primary data and secondary data. The primary data in this research are obtained from interviews at Bank Rakyat Indonesia, Merlung Branch. Other than that is secondary data collected through library research.Findings: This research shows that the existence of e-money continues to experience significant development from 2009 until 2019. The legality of using Brizzi e-money and other e-money in Indonesia has been recognized as a legal payment instrument as regulated in the PBI on Electronic Money.Paper Type: Research Article
Construction of Financial Technology in Banking Systems in Indonesia
Full text linkIntroduction to The Problem: The use of information technology innovations in banking today through digital platforms or online or known as financial technology (commonly abbreviated as fintech) can indeed provide financial services to the public at a lower cost than traditional banking methods. But behind the sophistication of technology as well as an increase in banking risk, especially if the regulations that govern it have not been comprehensive.Purpose/Objective Study: This paper examines the development of various regulatory regulations in the field of fintech in Indonesia.Design/Methodology/Approach: The research method used in this study is qualitative through normative legal research. The obtained data analyzed by statutory approach to interpret the existing legal rules on Indonesian Banking.Findings: The results obtained are that the existence of fintech which is considered as disruptive innovation (disruptive innovation) has changed the old market and revolutionized the workings of traditional financial institutions. Therefore, the government through the financial authority that is authorized to respond to the development of fintech in the Indonesian banking system by making various regulations. In addition, the development of fintech business integration with banking institutions must also be a concern for both parties so that the development of fintech is not only a disruption but can also be a safe innovation for customers to use.Paper Type: Research Articl
Limitation of Foreign Investment in the Banking Sector in Indonesia
Full text linkIntroduction to The Problem: The liberalization of the banking sector as an implication of Act No. 10 of 1998 regarding amendment of Act No. 7 of 1992 concerning Banking comes into force. In a state, banking has become one of the most crucial sectors in economic matters. Its role is to stimulate the economic growth in the state, according to Mohammad Hatta, the bank is the principle of improvement in the society if a bank does not exist then there will be no improvement like nowadays. Purpose/Objective study: The research aims to describe and examines issues of the Effect of Foreign Capital Restrictions in the Indonesian Banking Sector in a legal, economic, and political perspective. The study looked from the Conception of Welfare State and the Political Strategy of the Law of Economic Development In the case of Foreign Capital Restrictions in the Indonesian Banking Sector to compete globally.Methodology/Approach: This legal writing is normative juridical research that uses a statute approach and a historical approach to be able to provide solutions to existing legal issues.Findings: The results of the analysis show that the Politics of the law of foreign investment in the banking sector must be referred to Banking Act of 1992 in Article 22-26 before anything happens that endangers the interests of the nation and the State. Also, it needs for regulations from Bank Indonesia to leverage foreign capital in the banking sector that will directly improve the economy in the real sector, in order to anticipate the impact of foreign capital ownership in the future of Indonesian banks
Transfer Control of Public Housing Ownership in Indonesia
Full text linkIntroduction to The Problem: Resettlement/Shelter is one of the basic human needs and plays a strategic role as the formation of character as well as national personality. However, there is still a problem concerning the availability of public housing in Indonesia. The root of this problem is because people are free to transfer their ownership over their public housing, which leads to the escalation of public housing price. One of the situations where an escalation of public housing price occurred and inaccurate-ownership is in Kalibata City. Kalibata City was supposed to be public housing, but in the present, it 3is occupied by upper-middle-income families as well as an investor.Purpose/Objective Study: The purpose of this research article is to observe, analyze, and criticize the transfer of public housing ownership in Indonesia and provide a comparison with the Community Land Trust in the United States of America.Design/Methodology/Approach: The research method employed in this research article is normative research method, whereas the types of data utilized are literature studies. The literature studies comprise of various sources in the form of laws, books, and journals related to public housing. The data is analyzed by employing a qualitative method and presented descriptively.Findings: The result of this research article indicates that the Government Regulation which is a follow-up to Article 55 paragraph (5) Law Number 1 of 2011 regarding Housing and Resettlement Area which mandates to regulate further related to the appointment and establishment of the institution has not been formed yet. Furthermore, to realize intergenerational justice, the transfer institution must be burdened with specific duties
Legal Protection of Incest Victims Who Have an Abortion
Full text linkIntroduction to The Problem: Rape crime is a kind of violence against women in male sexual interests which show the position of vulnerable women. This gender-based violence is often caused by inequalities power in society or family. The annual report 2017 by the National Commission on Violence Against Women from sexual violence in private/personal sector, incest were the most reported cases as much as 1.210 cases. The incest case eventually spread to other criminal cases, for example, forced abortion by his family or the surrounding environment. The most detrimental impact of rape is pregnancy. Many rape victims can not bear the shame and disgrace; therefore, they prefer to stop their pregnancy or abortion even though abortion is illegal in Indonesia. That’s why legal protection of rape victim is needed, especially when the victim has an abortion.Purpose/Objective Study: This research aims to re-reflect the legality of abortion laws which regulated in Indonesian law. Furthermore, this research also reviewing legal protection for incest rape victims who are forced to have an abortion.Design/Methodology/Approach: This research is using a qualitative method with a normative judicial approach. The approach is carried out by examining library materials or secondary data as a basis for review, such as regulations and literature relating to the problem. The data is parsed in a descriptive narrative structured and coherent explanation.Findings: The rules regarding abortion in Indonesia are various, starting from those that are fully prohibited, to regulations which stated the exceptions. The rules are stated in the Criminal Code which fully prohibits abortion. While another rules legalizes the abortion for certain exceptions. Through these laws and regulations, Indonesia became a country which on the one hand absolutely prohibited abortion and on the other hand allowed abortion only for three cases, there are protecting the lives of mother, protecting fetus, and victim of rape. Abortion due to incest rape needs to be given forgiveness for the condition of the victim in charging the penalty. The psychological impact is more severe when keeping the baby because if the victim sees and raises the baby in a state of being unprepared and depressed it has bad consequences for the baby and the mother. When the victim sees the baby it will cause trauma, remembering the incident, thus will not treat the baby well and the baby’s growth and development will not good either.Paper Type: Research Articl
Mediation in the Conflict of Legislation Resolution based on the Regulation of the Minister of Law and Human Rights Number 2 of 2019
Full text linkIntroduction to The Problem: The authority possessed by the Ministry of Law and Human Rights after the enactment of Permenkumham No. 2 of 2019 this then raises problems both juridical and theoretical. Because it was explored further, no formula was found that regulates the authority of the Ministry of Law and Human Rights (in this case the Directorate General of Legislation) to harmonize legislation through mediation, both in Law No. 39 of 2008 concerning the State Ministry and Presidential Regulation No. 44 of 2015 concerning the Ministry of Law and Human Rights. In addition, the mediation mechanism used in resolving the harmonization of laws and regulations is a mistake, because it is not appropriate if the mediation mechanism is applied in the harmonization of laws and regulations that are public (public).Purpose/Objective Study: This paper objects are about the authority of the Minister of Law and Human Rights in the formation of Permenkumham No. 2 of 2019 and whether the Ministry of Law and Human Rights has the authority to mediate the disharmony of laws and regulations; then the next discussion about the mechanism and legal impact arising from the mediation.Design/Methodology/Approach: This paper used qualitative research method with juridical-normative as an analysis approach.Findings: the statutory regulations which are used as a basis to remember in Permenkumham No. 2 of 2019 no explicit delegation was found which ordered the formation of Permenkumham No. 2 of 2019, including the formulation which regulates the authority of the Directorate General of Legislation in completing the disharmony of legislation through mediation. Then in the case of mediation mechanism is a mechanism that is usually applied in cases that are private, where the parties act for and on their own behalf. so it becomes strange if mediation is used in resolving conflicting norms of laws and regulations which norms generally regulate, moreover the results of the mediation do not have binding legal force and do not provide legal impact on the validity of the norms of the agreed laws and regulations.Paper Type: Research Articl
The Responsibility of Indonesia for Deforestation Based On United Nations Convention On Biological Diversity
Full text linkIntroduction to The Problem: Indonesia is one of the participants of the United Nations Convention On Biological Diversity Or better known as UNCBD. Indonesia has also ratified this UNCBD into Act No. 5 of 1994 on the Ratification of the UNCBD. By this ratification, Indonesia has obligations and responsibilities that must be carried out under the provisions of the Convention. One is about the protection of the environment; in this case, is deforestation relating to biodiversity. Based on UNCBD, Indonesia also should make the implementing Law for the ratification. The problem is that Indonesia has no implementing regulation yet for the ratification.Purpose/Objective Study: The purpose of this paper is to find out the concept of environmental protection; in this case, deforestation based on the UNCBD and positive law in Indonesia. It also suggests what forms of Indonesia’s responsibility and what implementation steps to overcome the deforestation occurring in Indonesia.Design/Methodology/Approach: The research employs the qualitative method based on a normative juridical study. Additionally, the authors used two approaches, which are conceptual and the statute approach.Findings: Indonesia has not explicitly made an implementing law for Act No. 5 of 1994 as a ratification law of UNCBD. For that reason, it is the government responsible for making the implementing regulation. The Indonesian government should pay attention to the previous legal-made experience regarding the other ratification before UNCBD. The simple steps, but the main base reasons are using consideration phrase of the inexistence of implementing regulation for the ratified-UNCBD and also the government responsibility to oblige the ratification
The Importance of Bilateral Agreement on Mandatory Consular Notification for Indonesia: Tuti Tursilawati Execution
Full text linkIntroduction to The Problem: The execution without notification of Tuti Tursilawati’s at the end of 2018 becomes one of the most important diplomatic and consular relations issues between Indonesia and Saudi Arabia. Indonesia was unable to seek Saudi Arabia clarification because of the absence of bilateral agreement regarding consular notification between Indonesia and Saudi Arabia. Having regard to the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963, both provides the protection and assistance from the Consulate to all their citizens abroad.Purpose/Objective Study: This research aims to outline the importance of bilateral agreement on the mandatory consular notification in dealing with a case of Tuti Tursilawati who executed by Saudi Arabia government without any notification to the Republic of Indonesia.Design/Methodology/Approach: Data was collected from primary and secondary data sources in the form of literature legal research and statute approach.Findings: The result shows that based on Article 36 of the VCCR 1963, Mandatory Consular Notification should be delivered by Saudi Arabia before the execution. Making a bilateral agreement on Mandatory Consular Notification (MCN) with Saudi Arabia is very urgent to become a legal basis in helping and giving proper protection to the Indonesian who lives in Saudi Arabia in the future. Without that agreement, Indonesia will be not easy to access the information and assisting to protect the rights of the nationals from any cases that happened abroad, especially related to criminal issues.Paper Type: Research Articl