Proceeding Legal Symposium最新文献

Studi Komparasi Eksistensi Akad Istishna’ Dan As-Salam Dalam Perspektif Hukum Islam 从伊斯兰法律的角度来看，阿卡德语和As-Salam的比较研究

Proceeding Legal Symposium Pub Date : 2023-06-17 DOI: 10.18196/pls.v1i1.113

Khansa Tazkiya, Burhanudin Harahap, Hari Purwadi

{"title":"Studi Komparasi Eksistensi Akad Istishna’ Dan As-Salam Dalam Perspektif Hukum Islam","authors":"Khansa Tazkiya, Burhanudin Harahap, Hari Purwadi","doi":"10.18196/pls.v1i1.113","DOIUrl":"https://doi.org/10.18196/pls.v1i1.113","url":null,"abstract":"Indonesia as a Muslim-majority country has a need for financial institutions based on sharia principles that can facilitate transaction activities and can create legal development. Islamic banking as part of the national banking system has an important role in Indonesia's economic development. The enactment of Law No. 21 of 2008 concerning Islamic Banking has provided extensive opportunities in the development of banking networks to implement the Islamic banking system. Islamic banking has many financing models, in these types of financing there are two types of financing that broadly have the same characteristics, namely buying and selling contracts with an order system, these financings are istishna' and as-salam contracts. The two contracts besides having similarities, of course, have differences, this needs to be understood because these differences are the advantages in a financing. This study aims to analyze the comparison between istishna' and as-salam contracts in the Islamic banking system. This research uses doctrinal legal research methods with a comparative approach carried out by reviewing existing legal materials. The results showed that in practice, Istishna' was used in financing construction and manufacturing fields. Meanwhile, As-salam is usually used to finance agriculture and industrial goods.","PeriodicalId":301294,"journal":{"name":"Proceeding Legal Symposium","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135524675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Studi Komparasi Eksistensi Akad Istishna’ Dan As-Salam Dalam Perspektif Hukum Islam 从伊斯兰法律的角度来看，阿卡德语和As-Salam的比较研究

Proceeding Legal Symposium Pub Date : 2023-04-14 DOI: 10.18196/pls.v1i1.97

Khansa Tazkiya, Burhanudin Harahap, Hari Purwadi

{"title":"Studi Komparasi Eksistensi Akad Istishna’ Dan As-Salam Dalam Perspektif Hukum Islam","authors":"Khansa Tazkiya, Burhanudin Harahap, Hari Purwadi","doi":"10.18196/pls.v1i1.97","DOIUrl":"https://doi.org/10.18196/pls.v1i1.97","url":null,"abstract":"Indonesia as a Muslim-majority country has a need for financial institutions based on sharia principles that can facilitate transaction activities and can create legal development. Islamic banking as part of the national banking system has an important role in Indonesia's economic development. The enactment of Law No. 21 of 2008 concerning Islamic Banking has provided extensive opportunities in the development of banking networks to implement the Islamic banking system. Islamic banking has many financing models, in these types of financing there are two types of financing that broadly have the same characteristics, namely buying and selling contracts with an order system, these financings are istishna' and as-salam contracts. The two contracts besides having similarities, of course, have differences, this needs to be understood because these differences are the advantages in a financing. This study aims to analyze the comparison between istishna' and as-salam contracts in the Islamic banking system. This research uses doctrinal legal research methods with a comparative approach carried out by reviewing existing legal materials. The results showed that in practice, Istishna' was used in financing construction and manufacturing fields. Meanwhile, As-salam is usually used to finance agriculture and industrial goods. \u0000Keywords: As-salam; Comparison; Istishna'.","PeriodicalId":301294,"journal":{"name":"Proceeding Legal Symposium","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120944615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Konstitusionalitas Rencana Perpanjangan Hak Guna Bangunan di Ibu Kota Nusantara 群岛首都建设权利计划的合宪性

Proceeding Legal Symposium Pub Date : 2023-03-31 DOI: 10.18196/pls.v1i1.103

Rini Maisari, Ansharullah Ansharullah

{"title":"Konstitusionalitas Rencana Perpanjangan Hak Guna Bangunan di Ibu Kota Nusantara","authors":"Rini Maisari, Ansharullah Ansharullah","doi":"10.18196/pls.v1i1.103","DOIUrl":"https://doi.org/10.18196/pls.v1i1.103","url":null,"abstract":"The government plans to make a Government Regulation (PP) that would regulate the extension of Building Use Rights (HGB) in the Archipelago Capital City (IKN). This HGB later could be extended for 160 (one hundred and sixty) years. If passed, this PP is contrary to the Law Number 5 of 1960 concerning Basic Agrarian Regulations which regulates the extension of HGB only for 50 (fifty) years and contradicts to the Article 33 of the 1945 Constitution which prohibits monopolistic practices. This study aims to examine the constitutionality of the government's plan to extend the Right of Building in IKN. The results of the study showed that the plan for extending the Right of Building in IKN was constitutionally not in accordance with the principles of granting land rights as regulated in the Basic Agrarian Law or the principles of the agrarian constitution as regulated in Article 33 of the 1945 Constitution which requires the granting of land rights based on the principles of economic democracy and fair efficiency in which land rights are not only to fulfill individual preference but also social preference as manifested in norm regulation system that provides equal guarantees of rights to access land rights granted by the state and prevent the capitalism practice in land tenure.","PeriodicalId":301294,"journal":{"name":"Proceeding Legal Symposium","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135950740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Kajian Yuridis Keabsahan Peralihan Wakaf Hak Cipta 关于宗教基金版权转让有效性的法学研究

Proceeding Legal Symposium Pub Date : 2023-03-31 DOI: 10.18196/pls.v1i1.111

Akbar Prabowo, Ahdiana Yuni Lestari

引用次数: 0

Hukum Keperdataan dan Bisnis dalam Ruang Lingkup Pengadaan Barang dan Jasa 在采购和服务领域的童贞和商业法则

Proceeding Legal Symposium Pub Date : 2023-03-31 DOI: 10.18196/pls.v1i1.91

Indang Amadea Suistianisa, Ahdiana Yuni Lestari

{"title":"Hukum Keperdataan dan Bisnis dalam Ruang Lingkup Pengadaan Barang dan Jasa","authors":"Indang Amadea Suistianisa, Ahdiana Yuni Lestari","doi":"10.18196/pls.v1i1.91","DOIUrl":"https://doi.org/10.18196/pls.v1i1.91","url":null,"abstract":"National development rests on the procurement of goods and services by providing maximum service to the community. The implementation of goods and services procurement activities has the objective of driving an economy based on the mission to grow decent and good jobs, as well as being able to increase foreign power in terms of vendors by increasing a growth chart in the economic sector. The implementation of the procurement of goods and services requires the role of civil law and business law aspects in supporting each of its activities, based on the existence of an agreement or contract in writing or not in writing, by fulfilling the conditions for the validity of the agreement contained in the Civil Code and Business Law. The formulation of the problem in this study focuses on aspects of civil law and business law based on their involvement in the E-Tendering process, so the purpose of this study is to determine aspects of civil law and business law based on their involvement in the E-Tendering process. This research uses normative juridical research methods. After conducting research, it was found that aspects of involvement in civil law contained agreements or contracts, while business law contained business principles and business competition law in bidding tenders for the procurement of goods and services. \u0000Keywords: Procurement of Goods and Services; E-Tendering; Civil Law and Business Law","PeriodicalId":301294,"journal":{"name":"Proceeding Legal Symposium","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134398718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pemenuhan Atas Hak Seorang Istri Pasca Perceraian (Studi Kasus Putusan Nomor 1866/PDT.G/2022/PA.PT) 离婚后妻子权利的履行(裁决编号1866/PDT /2022/PA)

Proceeding Legal Symposium Pub Date : 2023-03-31 DOI: 10.18196/pls.v1i1.94

Istinur Fatihah, Ahdiana Yuni Lestari

{"title":"Pemenuhan Atas Hak Seorang Istri Pasca Perceraian (Studi Kasus Putusan Nomor 1866/PDT.G/2022/PA.PT)","authors":"Istinur Fatihah, Ahdiana Yuni Lestari","doi":"10.18196/pls.v1i1.94","DOIUrl":"https://doi.org/10.18196/pls.v1i1.94","url":null,"abstract":"eternal family based on God Almighty as stipulated in Law Number 1 of 1974 concerning Marriage, this marriage can be broken due to divorce or based on a divorce suit, this is contained in the Compilation of Islamic Law Article 114. The purpose of this research is to find out the rights received by a wife after divorce in Decision Number 1866/Pdt.G/2022/PA.Pt. and to find out how the fulfilment of the rights of a wife after divorce based on Decision Number 1866/Pdt.G/2022/PA.Pt. This research is normative law type, using three legal materials, namely primary, secondary and tertiary legal materials. The technique of taking this research material is literature study and interviews with oral question and answer methods with Judges at the Pati Religious Court. The results of this research and analysis show that the rights received by a wife after divorce must be given before the pledge of divorce by the husband. The amount of nafkah given is in accordance with the obligations and abilities of the husband. The role of the judge in realising the fulfilment of the rights of post-divorce wives is in accordance with providing direction for the fulfilment of the wife's rights.","PeriodicalId":301294,"journal":{"name":"Proceeding Legal Symposium","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125264115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Akibat Hukum Jual Beli Tanah Letter C Secara Dibawah Tangan Di Desa Depok, Kabupaten Kulon Progo. 库隆普罗戈地区德波克村暗中买卖字母 C 土地的法律后果。

Proceeding Legal Symposium Pub Date : 2023-03-31 DOI: 10.18196/pls.v1i1.105

Diyah Ratnawati, Ahdiana Yuni Lestari

{"title":"Akibat Hukum Jual Beli Tanah Letter C Secara Dibawah Tangan Di Desa Depok, Kabupaten Kulon Progo.","authors":"Diyah Ratnawati, Ahdiana Yuni Lestari","doi":"10.18196/pls.v1i1.105","DOIUrl":"https://doi.org/10.18196/pls.v1i1.105","url":null,"abstract":"Transactions of buying and selling land privately, especially on Letter C land, can be risky. This study aims to determine the legal power of buying and selling Letter C land under the hands and to know and understand the process of processing the transfer of the name of the land certificate on behalf of the buyer in the sale and purchase of Letter C land which is carried out under the hands. The method in this study is Normative-Empirical, which is basically a combination of normative legal approaches with the addition of various empirical elements. The results showed that in Depok Village there was still the practice of buying and selling Letter C land under the hands. Factors that cause buying and selling under the hands of this is due to mutual trust in each other and the level of public awareness is still low about the importance of buying and selling in front of authorized officials or PPAT has strong legal force compared to buying and selling under the hands which can cause risks later and the importance of the certificate as proof of actual property rights. These findings show the importance of buying and selling land before the authorized official, namely the PPAT, to ensure legal certainty of land ownership.","PeriodicalId":301294,"journal":{"name":"Proceeding Legal Symposium","volume":"436 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135950739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Analisis Pendiri Perseroan Perseorangan Terhadap Tanggungjawab Kerugian Pihak Ketiga

Proceeding Legal Symposium Pub Date : 2023-03-31 DOI: 10.18196/pls.v1i1.96

M. Hamidy, Pujiyono Pujiyono, Yudho Taruno

引用次数: 0

Analisis Pasal 28 H UUD 1945 (Pelayanan Kesehatan) Melalui BPJS 通过BPJS分析第28条H UUD 1945(卫生服务)

Proceeding Legal Symposium Pub Date : 2023-03-31 DOI: 10.18196/pls.v1i1.93

Fadila Nur Annisa

{"title":"Analisis Pasal 28 H UUD 1945 (Pelayanan Kesehatan) Melalui BPJS","authors":"Fadila Nur Annisa","doi":"10.18196/pls.v1i1.93","DOIUrl":"https://doi.org/10.18196/pls.v1i1.93","url":null,"abstract":"There were various cases such as the case of Pak Ogah and Amiludin who did not get the fulfillment of Article 28 H of the 1945 Constitution. Pak Ogah cannot get full health services because he does not have the cost to pay BPJS contributions. Mr. Amiludin did not get surgical health services because he had no cost and BPJS, so he had to breathe his last breath when making an ID card to become a BPJS participant. This study aims to determine the role of BPJS in fulfilling the community's hak in Article 28 H of the 1945 Constitution. Research methods used normative research. The fulfillment of the 1945 Constitution Article 28 H through BPJS has not been fully implemented, because not all people in Indonesia are bpjs participants. BPJS was present because of Article 28 H of the 1945 Constitution, but the fulfillment of this Article has not been fully obtained by the Indonesian people. Article 28 H of the 1945 Constitution can only be accessed by parties who are BPJS participants, even to fulfill Article 28 H of the 1945 Constitution through BPJS, the community must pay contributions that indirectly the government's obligation to fulfill Article 28 H of the 1945 Constitution is delegated to the community to participate in fulfilling state obligations. Fulfillment of Article 28 H of the 1945 Constitution which should require the hospital to provide health services without discriminating in accordance with Article 28 H of the 1945 Constitution.","PeriodicalId":301294,"journal":{"name":"Proceeding Legal Symposium","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115092757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pemenuhan Atas Hak Seorang Istri Pasca Perceraian (Studi Kasus Putusan Nomor 1866/PDT.G/2022/PA.PT) 离婚后妻子权利的履行(裁决编号1866/PDT /2022/PA)

Proceeding Legal Symposium Pub Date : 2023-03-31 DOI: 10.18196/pls.v1i1.110

Istinur Fatihah, Ahdiana Yuni Lestari

{"title":"Pemenuhan Atas Hak Seorang Istri Pasca Perceraian (Studi Kasus Putusan Nomor 1866/PDT.G/2022/PA.PT)","authors":"Istinur Fatihah, Ahdiana Yuni Lestari","doi":"10.18196/pls.v1i1.110","DOIUrl":"https://doi.org/10.18196/pls.v1i1.110","url":null,"abstract":"Marriage is a physical and mental bond as husband and wife with the aim of forming a happy and eternal family based on God Almighty as stipulated in Law Number 1 of 1974 concerning Marriage, this marriage can be broken due to divorce or based on a divorce suit, this is contained in the Compilation of Islamic Law Article 114. The purpose of this research is to find out the rights received by a wife after divorce in Decision Number 1866/Pdt.G/2022/PA.Pt. and to find out how the fulfilment of the rights of a wife after divorce based on Decision Number 1866/Pdt.G/2022/PA.Pt. This research is normative law type, using three legal materials, namely primary, secondary and tertiary legal materials. The technique of taking this research material is literature study and interviews with oral question and answer methods with Judges at the Pati Religious Court. The results of this research and analysis show that the rights received by a wife after divorce must be given before the pledge of divorce by the husband. The amount of nafkah given is in accordance with the obligations and abilities of the husband. The role of the judge in realising the fulfilment of the rights of post-divorce wives is in accordance with providing direction for the fulfilment of the wife's rights.","PeriodicalId":301294,"journal":{"name":"Proceeding Legal Symposium","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135950741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0