Unram Law Review最新文献_第7页

The Authority Of Regional Government Of Formation Regional Regulation (Perda) Shari'a 区域政府的权威形成区域法规(Perda)伊斯兰教法

Unram Law Review Pub Date : 2018-10-20 DOI: 10.29303/ULREV.V2I2.49

Muhammad Galang Asmara, G. Wibowo, Rr. Cahyowati

{"title":"The Authority Of Regional Government Of Formation Regional Regulation (Perda) Shari'a","authors":"Muhammad Galang Asmara, G. Wibowo, Rr. Cahyowati","doi":"10.29303/ULREV.V2I2.49","DOIUrl":"https://doi.org/10.29303/ULREV.V2I2.49","url":null,"abstract":"The study, the Authority of regional government Formation of Regional Regulation (Perda) shari'a aims to assess four legal issues, namely: (1) Establish a Regional Authority Perda Syariah; (2) The criteria of Shariah legislation; (3) The procedure of Legislative Shari'ah; (4) Testing Regulation to shariah. This research is normative by using several approaches, namely: (a) Conceptual Approach (Conceptuan aproach); (B) Approaches Legislation (Statute aproach); and (c) Approach the case (Case aproach). The results of this study are expected bermenfaat either for the development of Science and to assist practitioners in the formation of legislation. The research results are as follows: (1) The Regional Authority to establish Sharia legislation can be found in several laws and regulations, both in the Constitution and in the implementation of such rules in the Act; (2) Criteria Sharia legislation is contained in the contents that are based on the values and teachings of Islam; (3) Procedures establishment of sharia in praktinya regulations following the establishment of regulations in general; (4) review of sharia regional regulation also follow the testing procedures and legislation in general. Forward suggest that the process of formation of Perda Syariah scholars to enroll in the area at least in the process of forming draft local regulations. Similarly, in the process of judicial review and evaluation should be based on the sources of Islamic law and involves an element of religious leaders and religious judges.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"286 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121065962","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

Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process 在信用接管过程中对银行作为新的信用候选者的法律保护

Unram Law Review Pub Date : 2018-10-20 DOI: 10.29303/ULREV.V2I2.45

H. Sutanto, H. N. Widhiyanti, Istislam Istislam

{"title":"Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process","authors":"H. Sutanto, H. N. Widhiyanti, Istislam Istislam","doi":"10.29303/ULREV.V2I2.45","DOIUrl":"https://doi.org/10.29303/ULREV.V2I2.45","url":null,"abstract":"This research journal discusses legal issues relating legal protection of the bank as a prospective new creditor in the process of taking over credit. Where there is no certainty of legal relationship between new creditor candidate with debtor. The Bank as a prospective new creditor can not ensure the release of roya letter on the same day as the binding, so there is no certainty of guarantee status. Bank as a potential creditor becomes a vulnerable party at risk of loss. This study aims to determine and analyze the presence or absence of legal relationship between the bank as a new creditor candidate with the debtor and to know the form of legal protection against the bank as a new creditor candidate in the process of taking over credit that is not in accordance with applicable rules. The research method used by the author is the approach of legislation (statute approach) and case approach (case approach).The absence of a strong legal relationship between the bank as a prospective new creditor with the debtor in the outstanding redemption process, where there is no guarantee of the issuance of the roya letter on the same day during the binding process, in the absence of kepsatian regarding the status of the guarantee, the bank becomes a risky party suffered losses so that the need for a form of legal protection in a preventive and repressive. \u0000 ","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128113415","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

Islamic Financing Instrument Under Indonesia Positive Law 印度尼西亚实在法下的伊斯兰融资工具

Unram Law Review Pub Date : 2018-10-20 DOI: 10.29303/ULREV.V2I2.51

Supardan Mansyur, U. Usman, L. Sabardi

{"title":"Islamic Financing Instrument Under Indonesia Positive Law","authors":"Supardan Mansyur, U. Usman, L. Sabardi","doi":"10.29303/ULREV.V2I2.51","DOIUrl":"https://doi.org/10.29303/ULREV.V2I2.51","url":null,"abstract":"Islam governs all aspects of human life. It is not regulate the human relation to Allah only but also between human each other, among other economy like financing comply with shari’ah. The issues are: (1) how is the regulation of financing comply with shari’ah regulated ini positive law in Indonesia; and (2) handicap faced in its application in Indonesia. The purposes of this research are to know: (1) its regulation on positive law, and (2) its handicap in its application Indonesia. Its results are: (1) Islamic financing in Indonesia is regulated in various rules and regulation and their implementation strengthening its existing in positive law in Indonesia as Act No.7/1992 on Banking (amended by Act No. 10/1998), Act No. 23/ 1998 on Indonesia Bank (amended by Act No. 3/2004), and Act No. 21/ 2008 on Islamic banking, particular to Shari’ah Capital Market its regulation is regulated by OJK Decision and DSN-MUI Fatwas; (2) murabahah based financing) dominating all financing of Indonesian banking industry is considered as the cause of Islamic Banking avoided to use Mudharabah and Musharakah is their higher risk. Related to these difficulties is recommended to be: (1) expected to Government and DPR to enact the statute on Islamic on Islamic Capital Market putting the Islamic Capital Market equal to the Conventional Capital Markets (2) The role of Government and the other institutions to cope handicap faced as highlight the capacity enhancement of Islamic financing institutions, regulations, and development of infrastructures supporting the Islamic financing application, are absolutely needed.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127601247","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: 3

The Authority On Endorsement Of Marriage Agreement Between Indonesian And Foreign Citizen Which Made Abroad 印度尼西亚人和外国公民在国外缔结的婚姻协议的签注权

Unram Law Review Pub Date : 2018-10-20 DOI: 10.29303/ULREV.V2I2.41

Fitri ' Khairunnisa

引用次数: 0

Legal Protection For The Winner Of Execution Auction Over The Auction Object That Sued Before District Court 执行拍卖中标人对地方法院提起诉讼的拍卖标的的法律保护

Unram Law Review Pub Date : 2018-10-20 DOI: 10.29303/ULREV.V2I2.46

Dwi Ayu Rachmawati, N. Aprilianda, Siti Noer Endah

{"title":"Legal Protection For The Winner Of Execution Auction Over The Auction Object That Sued Before District Court","authors":"Dwi Ayu Rachmawati, N. Aprilianda, Siti Noer Endah","doi":"10.29303/ULREV.V2I2.46","DOIUrl":"https://doi.org/10.29303/ULREV.V2I2.46","url":null,"abstract":"In the process of auction execution often arise a lawsuit over the auction implementation, this is because the auction of execution is done not on the willingness of the owner of the goods themselves but because the law gives authority to the creditors to conduct public auction on the guarantee of debtors that default. So in the process of conveyance of auction object from the seller to the auction buyer often cause a problem, such as can not be mastered by auction winner the auction object. The purpose of this research is to know how to find out how the legal protection for the winner of the auction of execution of mortgage rights in mastering the auction object on the auction object which filed the lawsuit to the state court. This research is done by normative method. Based on the research that has been done, the winner of the auction can not be directly mastering the auction object because there is a civil suit over the auction object are expanding following. This is as article 3 paragraph (1), (2), and subsection (3) of the regulation of the Minister of Agrarian Affairs and Spatial/head of the national land Agency number 13 Year 2017 on The Block and confiscation who explains that if there is a dispute or conflict over land rights law the land that became the object of the auction then blocking would have done. And the protection of the law against the winner of the auction provided by regulation of the Minister of finance Number 27/PMK. 06/2016 Hints would about implementation of auctions, HIR. In addition, in article 19 paragraph (1) of law No. 8 Year 1999 on the protection of Consumers and in the jurisprudence of the Supreme Court's verdict against RI No. 1068 K/Pdt/2008 Dated January 21, 2009 in National Conference MA Year 2011.","PeriodicalId":406021,"journal":{"name":"Unram Law Review","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125437087","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