Kata Sepakat Dalam Perjanjian Dan Relevansinya Sebagai Upaya Pencegahan Wanprestasi

Anggraeny, Isdian; Al-Fatih, Sholahuddin

doi:10.30596/dll.v5i1.3446

Cited by 12 publications

(9 citation statements)

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“…The agreement occurs when the party's wishes have been ISSN: 1978ISSN: -1520 understood and accepted explicitly by the opposing party by observing the principle of prudence based on customary law that lives in society. 39 This is in line with the theory of an agreement, namely: The Theory of Will, The Theory of Statements, and The Theory of Belief. 40 According to Islamic law, the agreement is expressed in terms of consent and qabul (Sighat al-'Aqd).…”

Section: Fulfillment Of the Agreement In The Financing Contractsupporting

confidence: 70%

The Legality Issue of the Financing Contract at the Sharia Rural Banks (BPRS) and the Solution in Sharia Agreement Law Perspective

Anggraeny

Rahmadanti

2020

jmhu

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Sharia-based financing institutions are currently experiencing developments in the financial industry. Sharia financing provided by the BPRS is one of the ways that can be used by the community to meet their daily needs or manage their business. The use of financing certainly has the risk of default and execution of collateral which of course will be detrimental to the creditors (BPRS). Various financing problems are generally caused by the financing process that does not pay attention to legal provisions, especially sharia contract law and guarantee law. Taking the theme: "Issues on the Legality of the Financing Contract at BPRS and its solution in the Perspective of Agreement Law", this paper will examine two problems, namely: First, reviewing the validity of the Sharia financing contract at BPRS based on the Sharia Economic Law Compilation; and second, reviewing and finding the efforts that should be made by the BPRS so that the sharia financing contract meets the pillars and conditions of the contract in the Sharia Economic Law Compilation. This study uses a normative juridical research method with a statutory approach method, concepts, and cases. Through this method, the following findings were obtained: First, the problem of sharia financing in BPRS Syariah lies in the non-fulfillment of the Rukun and the terms of the sharia contract in some of its financing contracts which are dominated by carelessness in applying the legal principles of financing and SOPs that have been made. Second, the BPRS and its Customers must pay attention to and understand the elements of the fulfillment of the pillars and terms of the contract in the financing contract against the rules contained in the Sharia Economic Law Compilation.

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Section: Fulfillment Of the Agreement In The Financing Contractsupporting

confidence: 70%

The Legality Issue of the Financing Contract at the Sharia Rural Banks (BPRS) and the Solution in Sharia Agreement Law Perspective

Anggraeny

Rahmadanti

2020

jmhu

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“…Indonesia's independence since 1945 has not made Indonesia free from colonial influence in the colonial era. A concrete example, for the rule of law in nature, to this day Indonesia still uses Colonial leave law as the Code of Civil Law [1]- [4], while the Netherlands itself has not used the Constitution we now use, since 1992 [5]. The use of this Dutch legal code is based on the principle of concordance [6] found in the transitional rules of the 1945 Constitution.…”

Section: Introductionmentioning

confidence: 99%

Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)

Hidayah¹,

Esfandiari²,

Al-Fatih³

2021

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

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When a national law came into force, the previous law made in the colonial era was concrete that the Constitution should be repealed. For example, the enactment of Law No.5 / 19960 on the Basic Terms of the Agrarian repeal the provisions of land, water and natural resources contained in Book II of the Civil law, or the operation of Law No. 1/1974 on Marriage revokes the provisions on matters relating to marriage found in the Civil Law Book. However, this is not the case with the Employment Law where provisions of Chapter VIIA of Article 1601 of the Civil Code until 1617 of the Civil Code are still in effect, until the drafting of an omnibus draft law on Work Creation, also does not invalidate the provisions of the Employment in Code Civil Law. This study aims to examine historically and conceptually whether the terms of the employment in the Code Civil Law are right or not. Research method is normative. The results show that Indonesia must break free from colonial rule and gradually establish its national law that has the philosophical basis of Pancasila. To make it happen, the revisions to Law No. 13/2003 should be done in addition to the burden of: (a) employment agreement between husband and wife, b) provision of fines accompanying compensation, c) employers 'obligation to pay wages on time, d) employers' obligation to provide employment certificates, 5) Responsibility and compensation for Outsourcing Contract.

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“…Besides, a consumer also could spread the word of mouth to other consumers on a financial institution's reputation. Therefore, it is important for both parties to maintain the relationship (Anggraeny & Al-Fatih, 2020).…”

Section: Introductionmentioning

confidence: 99%

Consumer protection in financial institutions

Johan

Ariawan

2021

LJIH

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The relationship between financial institutions and customers is like two sides of a coin. On one hand, it is mutually beneficial, but on the other hand, this relationship can lead to mutual harm. Customers of financial institutions have a medium for a long-term relationships. Consumers of financial institutions generally have an average relationship of 24 months. Consumers make loan payments according to the agreed time. Customers will be able to get the right to the collateral if the loan has been paid. Conversely, if customers are unable to pay the installments on time, financial institutions will repose the collateral. From the inception of the loan to the repayment of the loan, the relationship between customers and financial institutions experiences several conditions. This research uses a normative judicial method, aiming to analyze consumer protection of non-bank financial institutions based on the existing laws and regulations. This research will focus on consumer protection from the start of the standard agreement, the fees or expenses charged, to the loan repayment mechanism. This research concludes that the protection of consumers of non-bank finance companies, especially finance companies, is still very weak. Consumer protection for finance companies, especially non-banks, has not been fully accommodated in the existing Consumer Protection Law. Therefore, the authority needs to issue a regulation in protecting the consumer in the financial industry.

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Kata Sepakat Dalam Perjanjian Dan Relevansinya Sebagai Upaya Pencegahan Wanprestasi

Cited by 12 publications

References 0 publications

The Legality Issue of the Financing Contract at the Sharia Rural Banks (BPRS) and the Solution in Sharia Agreement Law Perspective

The Legality Issue of the Financing Contract at the Sharia Rural Banks (BPRS) and the Solution in Sharia Agreement Law Perspective

Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)

Consumer protection in financial institutions

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