Purpose: This study aims to investigate the freedom of contract in conventional and sharia banking interpreted as an event of signing a credit agreement that raises the rights and obligations of the parties. Design/methodology/approach: The research design was qualitative, and the method was conducted by using a normative juridical method on a philosophical approach. Findings: The results showed that based on some lawsuit cases, in the conventional banking agreement, the customer submits the law to the credit rules made by the banking system. In Islamic banking agreements, the bank and the customers resolve the dispute to the existing agreement schemes in the sharia economic legal system. The results also reveal the construction of values contained in the principle of freedom of contract in each banking agreement. Practical implications: This paper can be used by management and legal experts to identifying the differences in principle of freedom of contract in conventional and sharia banking as a measure of justice in civil agreements in business law. Originality: This paper originally highlight that differences in principles and mechanisms for contracting affect procedures in dispute resolution.
This community legal observance in the field of Islamic marriage is based on the concept of good deeds which can be said to be deontologically valid. The approach is based on deon/obligations arising from the principles of Islamic life. This research method is an empirical method that looks at social reality and is carried out with an ethical approach to understanding the meaning of deeds in the marriage process. Philosophical analysis is used to analyze values in the conduct of the marriage process of Islamic societies in Indonesia. The results showed that in Indonesian Islamic society, marriage and marriage registration had become a community culture that had a philosophical value of worship. This happens because there is enculturation in the form of symbols of Islamic teachings that make it easier for people to recognize the value of an action. Proposal and registration of marriage has become the culture of the Islamic community with the symbol of halal and worship in marriage. Thus the community's obedience to Islamic law and state law is not coercion carried out by state power, but is the legal culture of Islamic society.
<p>Fokus penelitian ini adalah perlindungan hukum atas Hak Pasien apabila terjadi sengketa perdata, karena adanya kelalaian dokter Rumah Sakit yang merugikan pasien. Dengan metode penelitian yuridis normatif ditemukan norma yang disharmonis di dalam satu ketentuan UU Rumah Sakit, yaitu terdapat kontestasi antara norma hak gugat pasien dengan norma adekuat, sehingga norma hak gugat pasien tidakdapat dilaksanakan. Analisis interpretatif terhadap logika aturan hokum digunakan untuk memahami persoalan tersebut dan menemukan solusinya. Adanya norma adekuat menghalangi gugatan perdata sehingga harus direformulasi dengan norma adekuat lain yang harmonis dengan hak gugat perdata.</p>
Horticultural Import Control needs to be carried out strictly by the government. Products that enter Indonesia must be good for consumption. The case of the dangerous insect Khapra beetle (Trogoderma Granarium) occurred in tens of tonnes of imported Sudanese peanuts found in Tanjung Emas Port. The case was investigated with the first problem of how to carry out the supervision of Class I Barantan Semarang, and the second was how the measurements carried out by Class I Semarang Barantan to imported Sudanese Nuts containing Khapra Beetles in Semarang City. This study uses a normative juridical methodology with an empirical approach, using primary data and secondary data which are then analyzed using qualitative descriptive techniques. The results showed that the monitoring of peanuts containing insects at Tanjung Emas Port has been carried out in accordance with the policies of Semarang City Class I Officials and in accordance with the applicable laws and regulations. The surveillance measures that have been carried out by Barantan Class I Semarang on the import of Peanuts from the country of Sudan resulted in the Rejection of Non-conformity Notifications and Automatic Detection.
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