Sharia resolution in the murabahah financing contract at the Mitra Sejati Cooperative indirectly in the process of resolving the dispute still refers to Law No. 21 of 2008 concerning Sharia Banking. While the Fatwa of the National Syari'ah Council Number 07 / DSN-MUI / IV / 2000 explained that the resolution of murabahah financing disputes was in the Syari'ah Arbitration Board. According to Article 55 of Law No. 21 of 2008 concerning Sharia Banking, that sharia dispute resolution can be carried out by the Court within the religious court environment and can also be resolved by referring to the contents of the contract. In fact, murabahah financing contracts carried out by true partner cooperatives do not explicitly appoint which judicial institutions to solve them. Sharia dispute resolution in the murabahah financing contract must be settled in the Religious Court but the fact is resolved in non-litigation in the form of a public auction. When viewed from the theoretical concept of legal certainty, this does not reflect the firmness in the rule of law because the resolution through non KPKNL parate litigation does not yet have binding legal force. where the results of the auction cannot automatically have disputed objects. With respect to murabahah financing agreements in true partner cooperatives, legal defects can be declared because there is no firmness and there is no accuracy of the contract maker when a dispute occurs where the contract maker does not confirm which institution is appointed and agreed when a dispute occurs.
The problem of this research is how to regulate investment-based life insurance in Indonesia and the liability of investment-based life insurance companies against the risk of default by policyholders. This study uses a research method that has an empirical juridical type. The study results explain that the regulation of investment-based life insurance in Indonesia is regulated in Law Number 40 of 2014 concerning Business Per Insurance, OJK Regulation Number 23/POJK.05/2015 concerning Insurance Products and Marketing and Decree of the Chairman of BPPM and Financial Institutions Number KEP-104/ BL/2006 concerning Investment-based life insurance products. PP Number 87 of 2019 concerning insurance companies in the form of joint ventures, RI's Financial Decree Number 422/KMK.06/2003 and Director General of Financial Institutions Decree Number 2475/LK concerning investment insurance products and forms of liability of default insurance companies must fulfill the contents of the agreement insurance that gives rise to the rights and obligations of the insured reciprocally. However, Law Number 40 of 2014 concerning Insurance Business does not fully regulate violations in the insurance business and does not regulate how the insurance company is responsible for the company's inability to fulfill insurance claims.
The birth of the Marriage Law No. 1 of 1974, especially the breakup of marriage has led to the dualism of Islamic law in Indonesia. Regarding Divorce on the one hand, Muslims are taught in Islamic fiqh that Divorce is the right of a husband, where if a wife is mentally ill even without a witness, then the divorce falls, while the marriage law in Indonesia, including the Islamic ummah, is specifically regulated in the Law Compilation Islam, determines that divorce can only be done before a religious court after going through a trial. Moreover, two Islamic organizations in Indonesia, namely Muhammadyah and Nahdlatul Ulama have different opinions. On the one hand, NU in the 28th Congress in Yogyakarta in 1989 gave a legal decision that Divorce was the husband's prerogative which could be dropped anytime and anywhere even without reason. If the husband has dropped divorce outside the Religious Court, then the divorce is valid. While the Majlis Tarjih Muhammadiyah in his fatwa that was tried on Friday, 8 Jumadal Ula 1428 H / 25 May 2007 M gave a ruling that divorce must be carried out through a court examination process, divorce carried out outside the court was declared invalid. The views of NU and Muhammadiyah above reflect a contradiction. Therefore the Indonesian Ulema Council based on the MUI IV 2012 Fatwa gave a fatwa as a middle way to resolve these differences with its fatwa that divorce outside the legal court is valid provided there is a syar'i reason that the truth can be proven in court. Iddah Divorce is calculated since husband drops divorce and for the benefit of benefit and guarantees legal certainty, divorce outside the court must be reported (ikhbar) to the religious court. With the Normative Juridical research method, the author tries to discuss the problem, namely trying to find the problems that arise as a result of these rules and find a way out how the MUI fatwa can be applied. From the results of the study, the authors conclude that the unrecognized Divorce legality outside the court causes legal chaos due to uncertain laws for the Islamic ummah, namely in terms of when the fall of divorce and the end of the iddah period, concerning triple divorce, concerning the validity of the status of children born after the fall Divorce and concerning the validity of the second marriage and the status of the child that was born which could damage the religion and descent of the Islamic ummah in Indonesia. If Marriage is legal according to the religion, then Divorce should also be valid if carried out according to the religious law. Factors that cause divorce outside the court include economic factors, juridical factors, sociological factors and customs factors, regarding the distribution of marital assets due to divorce outside the court, in general, the community resolves issues regarding marital property in a family manner by including local ulama and traditional leaders.
The power of attorney in the Civil Code concerning the granting of power, which is an agreement, so that a binding principle applies to both parties. In addition to the principle of binding consensus also for them the principle of goodwill, that the parties in making agreements must have goodwill. In its development, the power of attorney, especially in business law and the world of a notary, gave birth to the name of absolute power, which then in the field of a notary is known to be contained in the power of attorney imposes dependent rights (SKMHT). This SKMHT arises from the existence of a principal agreement between the debtor and the credit against the material guarantee. SKMHT is a power of attorney that is specific to one legal action only and is an irrevocable power of attorney.
Bank Syariah Mandiri is a financial institution engaged in raising funds and channeling funds to the public. One of the funds distribution products most often used in financing transactions at the Bank Syariah Mandiri branch of Depok Cimanggis is the murabahah contract. The focus problem in this study how to completion of productive cheap finance for medifarma employees in mandiri syariah banks branch depok cimanggis. The theory used is the theory of legal certainty, the theory of accountability, the theory of dispute resolution. The method of data collection is done by means of literature study, interviews and document studies. Research data collected through library research to obtain primary data and field studies by collecting data directly from respondents from interviews to obtain primary data. The results showed that The implementation of murabahah financing in the independent Islamic bank of Depok Cimanggis branch has been carried out in accordance with the operational standards applicable to the bank and The form of resolving murabahah disputes in the independent Islamic bank of Depok Cimanggis branch by prioritizing settlement by deliberation because it is informal, simple and flexible as regulated in Article 55 of Law Number 21 Year 2008 concerning Islamic Banking.
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