The purpose of this research is to examine the adequacy of laws and regulations governing investment implementation by the Savings and Credit Cooperative (KSP) and formulate legal constructs related to the determination of investment interest rates by KSP through the regulations of the Indonesian Deposit Insurance Corporation (IDIC/LPS) concerning the Determination of the Deposit Insurance Interest Rate in the form of IDIC Regulation (Surat Edaran). The research method uses a normative juridical approach, descriptive-analytical research specifications, the systematic interpretation and the legal construction of analogy. The results showed that the statutory regulations governing investments made by KSP were insufficient, especially in the section relating to the determination of investment interest rates. There were still many KSPs that set high interest in their investment programs. Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 7 of 2021 concerning Ease, Protection, and Empowerment of Cooperatives and Micro, Small and Medium Enterprises also does not accommodate provisions regarding investment programs that KSP can carry out. It is feared that several new provisions in the two regulations will lead to high-interest investment practices by KSP that prioritize the interests of their institutions over the welfare of members. Through the analysis of legal construction, it was found that the IDIC Regulation (Surat Edaran) regarding the Determination of the Deposit Insurance Interest Rate at Commercial Banks and Rural Banks can be used as a reference by the Ministry of Cooperatives and SMEs to encourage KSP to set investment interest rates fairly. Tujuan penelitian ini adalah untuk mengkaji kecukupan peraturan perundang-undangan yang mengatur tentang penyelenggaraan investasi oleh Koperasi Simpan Pinjam (KSP) dan merumuskan konstruksi hukum terkait penetapan suku bunga investasi oleh KSP melalui peraturan Lembaga Penjamin Simpanan (LPS) tentang Penetapan Tingkat Bunga Penjaminan Simpanan dalam bentuk Surat Edaran LSP. Metode penelitian menggunakan pendekatan yuridis normatif, spesifikasi penelitian deskriptif analitis dan metode analisis data yang digunakan adalah penafsiran sistematis dan konstruksi hukum analogi. Hasil penelitian menunjukkan bahwa peraturan perundang-undangan yang mengatur mengenai investasi yang dilakukan KSP tidak cukup memadai khususnya pada bagian yang berkaitan dengan penetapan suku bunga investasi sehingga masih banyak KSP yang menetapkan bunga tinggi dalam program investasinya. Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja dan Peraturan Pemerintah Nomor 7 Tahun 2021 tentang Kemudahan, Perlindungan dan Pemberdayaan Koperasi dan Usaha Mikro Kecil dan Menengah, juga tidak mengakomodasi ketentuan tentang program investasi yang dapat dilakukan KSP. Beberapa ketentuan baru dalam kedua peraturan tersebut dikhawatirkan memunculkan banyak praktik investasi berbunga tinggi oleh KSP yang lebih mengutamakan kepentingan lembaganya dibandingkan kesejahteraan anggota. Melalui analisis konstruksi hukum, ditemukan bahwa Surat Edaran Lembaga Penjamin Simpanan (LPS) tentang Penetapan Tingkat Bunga Penjaminan Simpanan pada Bank Umum dan Bank Perkreditan Rakyat dapat dijadikan rujukan oleh Kementerian Koperasi dan UKM untuk mendorong KSP dalam menetapkan suku bunga investasi secara wajar
Purpose This study aims to investigate the legal consequences of the use of force majeure (FM) clause in a contract related to the prospect of business sustainability. In addition, this paper also examines the legal risk perspective toward the interpretation of FM clauses in contracts that incorporate the coronavirus disease 2019 (COVID-19) pandemic situation. Design/methodology/approach The research design in this paper uses the normative juridical method, which means that it is carried out with library research on secondary data in the field of law, in the form of primary and secondary legal materials and tertiary legal materials. Primary legal materials are in the form of regulations relating to the variable topics of this paper, namely, FM, COVID-19, contracts and legal risk management (LRM). Findings The study found that studies of FM are still limited in terms of the aspects of contract sustainability, and none has reviewed them using the LRM paradigm. Research limitations/implications Given the fact that this pandemic is still ongoing and uncertain, the extent to which the broadening of the interpretation of FM in the contract by the parties and how much the designs offered above can help the parties, will greatly depend on the commitment of the parties. However, if the orientation is to maintain a long-term business relationship, it still fulfills the essence of a win–win solution that will greatly assist the parties in determining the continuity of the contract. Practical implications The results of this study are expected to provide benefit to the parties in an agreement affected by the COVID-19 outbreak and by regulators who wish to provide a legal basis in contract law. Social implications Long-term business relationships will create sound, peaceful and conducive environment for modern business. This kind of situation will sustain the business as expected. Originality/value This study concludes that the interpretation of FM can be extended to accommodate the interests of the parties to the contract by considering several principles in contract law and other relevant clauses. In addition, this study also produced four essential designs for LRM oriented to long-term business relationships in a win–win solution.
The COVID-19 outbreak demonstrates how unprepared the world is for a different type of crisis, especially non-physical calamities. Revitalizing community involvement in disaster management is essential for making a community resilient. Due to differing sociocultural contexts, the resilience perceptions of communities in different parts of the world may vary. This study aims to understand community resilience factors after the COVID-19 disaster in Indonesia and Malaysia. Data from 2034 questionnaires using 5-interrelated domains in the Communities Advancing Resilience (CART) Toolkit Survey were collected. This study was conducted across Indonesia and Malaysia from March to April 2022. A quantitative-based cross-sectional study design and convenience sampling were applied. Respondents for this study were Indonesian and Malaysian citizens above 18 years of age who met the inclusion criteria. A total of 2034 respondents, 715 from Indonesia and 1,315 from Malaysia responded to the survey. The results suggest that Indonesian and Malaysian communities’ Transformative Potential and Informative-Communication domains differ significantly. Indonesian communities demonstrated a higher mean value on Transformative Potential domains than Malaysian communities did, while Malaysian communities indicated a higher mean value on Informative-Communication domains. This study concludes that compared to Malaysian communities, Indonesian communities have a more significant potential for transformation because they can frame collective experiences, gather, and analyze pertinent data, evaluate community performance, and develop resilience-building abilities. On the other hand, Malaysian communities are more resilient in providing information and communication. We found the need to develop a community resilience model that incorporates specific cultural and local requirements. Cooperation between the two countries would open many possibilities to emphasize the capability to bounce back sooner after a catastrophe such as the COVID-19 pandemic and achieve Sustainable Development Goals.
Corporate punishment in the environmental aspect has not led to social justice based on Islamic law principles because of the lack of attention to the community as victims who suffer losses due to environmental pollution, which should be a life support. This study aimed to realize that social justice based on Islamic law principles incorporates punishment in environmental aspects for the future. This type of research uses a normative legal typology to approach the principles, systematics, and level of legal synchronization of legislation based on Islamic Law and Law No. 32 of 2009 concerning Environmental Protection and Management. Secondary data obtained through library studies were analyzed descriptively. The results show that the nature of corporate punishment in environmental aspects in Islamic Law aims to prevent corporations from repeating their actions, prevent other corporations from participating in environmental pollution, and foster corporations that have polluted the environment. Furthermore, the embodiment of social justice based on Islamic law principles incorporate punishment in the environmental aspect must contain the values of corporate culture and community development. Social justice is in line with the principle of the benefit of the people in Islamic Law, where each punishment contains aspects of paying attention to victims of crime.
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