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The Analysis of Murabahah bil Wakalah Agreements Implementation Consistency toward Sharia Financial Institutions in Indonesia

Moh. Wahyu Al Waris — 2023-12-31

Murabahah bil wakalah is buying and selling using the wakalah system. In this buying and selling system, the seller represents his purchase to the customer, thus the first contract is a wakalah contract after the wakalah contract ends which is marked by the delivery of goods from the customer to the Sharia Financial Institution (LKS), then the institution provides a murabahah contract. The practice of murabahah bil wakalah financing in several LKS, namely at PNM Mekaar Syariah West Aceh Branch, Bank BRI Syariah KCP Majayala, KSPPS Istiqamah Padang Panjang, Bank DKI Head Office, and Bank Mualamalat Indonesia Malang Branch . This research is deemed necessary to formulate how the Murabahah bil wakalah agreement should be applied in financing so as not to violate the rules of muamalah fiqh. Meanwhile, this research method uses a normative juridical research type with a statutory approach and a conceptual approach. The results of this research show that the murabahah financing practices in several LKS above do not meet the pillars and requirements of murabahah as stipulated in Islamic law. So it is doubtful that the sharia value of the contract carried out is formally something that is not fulfilled.

Legal Protection for Financial Technology Users Against Fraud and Illegal Acts

Muhammad Labib — 2023-12-31

Nowadays, online loan provider companies are increasing rapidly. Ironically, this has negative impacts such as crimes committed by online loan providers. So many users are harmed. This research is normative research, namely research that uses applicable laws and regulations and the approach used is a statutory approach. The results of this research are that in providing legal protection to users of online loan services, the Financial Services Authority (OJK) issued regulations, namely POJK No. 77/POJK.01/2016 concerning technology and information-based lending and borrowing services. And also POJK No.13 /POJK.02/2008 concerning digital financial innovation in the financial services sector. Legal protection can be carried out after a dispute occurs between a user and other users. This regulation is the first regulation issued by the OJK to directly protect fintech issues. The financial services authority has a very important role, namely having the authority to supervise information technology-based companies. OJK itself was formed to impact sustainable and stable economic growth. It is hoped that the OJK was formed to support the interests of the financial services sector as a whole so that it can compete in the economic sector.

Legal Provisions with Basic Principles in Labor Enforcement: Analysis of Effectiveness and Challenges

Ririn Sofiana — 2023-12-31

Labor enforcement is an important process in ensuring the protection of workers' rights, ensuring fairness in industrial relations, and promoting worker welfare. This article presents a basic overview of labor enforcement by identifying the main principles, related regulations, and mechanisms used to carry out such enforcement. Through analytical descriptive research, we conclude that labor enforcement plays a crucial role in building a fair and safe work environment for workers in various sectors and job levels. With the existence of principles as a defense of workers' rights regarding work contracts, wages, health standards and union protection. The aim is to guarantee equal protection for all workers and the fulfillment of their rights, these principles must be applied firmly and consistently. The effectiveness is carried out in three stages, namely in the form of educational preventive, non-judicial repressive, and judicial repressive. If there is a dispute over rights or interests, the effort that can be taken is in the form of negotiations. There are also sanctions for company violations of industrial relations rights in the form of administrative, criminal and civil sanctions.

Human Rights Protection in Interfaith Marriages: Comparative Study of Indonesia and Singapore

Muhammad Ihab Ramadhan — 2023-12-31

This research aims to determine the registration of interfaith marriages in Indonesia and Singapore after the issuance of SEMA Number 2 of 2023 and the protection of human rights regarding the registration of interfaith marriages in Indonesia after the issuance of SEMA Number 2 of 2023. In Indonesia, marriage is regulated in Law Number 1 of 1974 and KHI , while in Singapore marriage is regulated in the AMLA and Women's Charters. This research uses normative legal research methods with the type of library research and uses a statutory approach and a comparative approach. The research results show that before the issuance of SEMA number 2 of 2023, the District Court can ratify applications for registering interfaith marriages. However, after the issuance of SEMA number 2, it was firmly stated that interfaith marriages may not be determined by any District Court. As for the protection of human rights for citizens regarding the registration of interfaith marriages in Indonesia after the issuance of SEMA Number 2, if it is related to human rights, Indonesia can be said to have limited the human rights of every citizen to have a family. This is different from Singapore, which facilitates interfaith marriages as regulated in the Women's Charter.

Implementation the Indonesian Ulema Council Fatwa regarding the Sale and Purchase of Gold in Installments at Sharia Bank of Indonesia

Cora Elly Noviati — 2023-12-30

Purchasing gold using an installment payment model or in the form of savings has been applied to Sharia Bank of Indonesia (BSI) (BSI) and Pegadaian products. This started with the issuance of MUI Fatwa Number 77/DSN-MUI/V/2010 concerning the Implementation of Gold Installments, even though there were several ulama' who prohibited the practice of buying and selling gold in installments. Based on this, the author is interested in studying the application of gold installments at Sharia Bank of Indonesia (BSI) and its differences with gold savings transactions implemented by pawnshops, both in terms of contracts, payments and comparison of the installments of the two gold installments. The research method used is normative juridical using a statutory approach and a comparative approach. The theory used is the theory of legal benefit. The results of this research show that the transaction model applied by BSI is in the form of gold installments using a murabahah contract and a rahn contract, while Pegadaian is a gold savings account. These two gold installment models can provide benefits for people who want to invest in gold.

Comparative Study of the General Election Commission (KPU) in the United States and South Korea

Sinta Alfi Rosyida — 2023-12-30

According to Article 22 E of the 1945 Constitution of the Republic of Indonesia, Indonesia is a democratic country where the people hold the highest power with a representative system, namely general elections. General elections are one way for people to participate in politics. The type of research used is library research, where the research is centered in the library to obtain data without carrying out field research. So the data source is obtained using literature or regulations and norms related to the problem to be studied, namely in the form of books that examine the Position and Authority of the General Election Commission (KPU). The results of the research are 1) That the Juridical Study of the Position and Authority of the General Election Commission (KPU) in the perspective of the State Administration of the Republic of Indonesia is to realize the instrument of popular sovereignty, which aims to create a legitimate government and provide a way for the people to express their ambitions and interests. 2) That the comparison of the position and authority of the General Election Commission (KPU) in the United States and South Korea is that the United States has two general election commissions, namely the Electoral College and the Federal Election Commission (FEC).

The Dynamics of Thrifting Clothing Import Based on Customs Law and Sadd Al-Dzariah in Malang

Tajuddin Nur 'Afas — 2023-12-30

Used imported clothing which is now widespread in Malang apparently does not meet the requirements of the Health Service for sale and purchase. Meanwhile, the aim of this is to ensure the safety and health of consumers so that their physical health is maintained, not only for consumers of imported second-hand clothing but also clothing sellers. This research is empirical juridical with a sociological juridical approach. The data collection method is by conducting interviews and documentation. Then carry out a qualitative descriptive data analysis method to get answers to the problems raised. The aim of the research is to find out the implementation of supervision regarding the prohibition on importing used clothing in Malang, what are the obstacles in carrying out supervision and knowing the implementation of importing used clothing in terms of Islamic Law. First formulation, how to monitor the ban on imports of used clothing in Malang by the Directorate General of Customs and Excise. Second, what are the obstacles in carrying out supervision and how the ban on importing second-hand clothing is implemented from Sadd Dzari'ah's perspective. The results of the research show that with the widespread sale of imported used clothing in Malang, it turns out that there is no action from the Directorate General of Customs and Excise, East Java Region II office in Malang in the form of supervision and the need for coordination between institutions so that this form of supervision and action can be achieved and realized.

Instrument for Protection and Enforcement of Human Rights in Indonesia

Rizky Ahadyan Ardyansyah — 2023-12-30

Human rights are an inseparable component of human life, both in the social, economic, religious, political and even educational fields, because these rights are an integral part of every human being since birth. In addition, the context of the discussion of Human Rights cannot be separated from the scope of the state, because it has become an obligation for a country to guarantee and protect this right under any conditions, Indonesia is also one of the countries that provide guarantees and protection for every right. human rights, although in reality its implementation can still be categorized as not conducive, because this can be seen in the development of cases that allude to the issue of upholding human rights in Indonesia. During the reform era in Indonesia, there were several amendments to the 1945 Constitution. These amendments aimed to improve and strengthen the democratic system and protect human rights. In 1999, the first amendment was made to the 1945 Constitution. This research aims to find out the basic legal concept of protecting and enforcing human rights law in Indonesia, besides that it also aims to increase public insight into the importance of human rights values in the context of state life. In this research the author uses a normative approach by examining several materials or literature data which also discusses the issue of basic legal concepts of protection and enforcement.