Menembus Rahasia Bank Terkait Harta Bersama Dalam Perkawinan

Dwiyatmi, Sri Harini; Wauran, Indirani

doi:10.24246/jrh.2017.v2.i1.p97-108

Cited by 2 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The relationship between the bank and the customer is not like a regular contractual relationship, but in that relationship there is an obligation for the bank to protect the customer's data, providing security over consumer protection as the responsibility carried by both parties [7].…”

Section: Restructuring Policy Of Shariah Financing Toward Umkm Affected By Covid-19: Legal Protection Perspectivementioning

confidence: 99%

Restructuring Policy of Shariah Financing Towards UMKM Affected by Covid-19: Maqashid Syariah Perspective

Fidhayanti¹,

Arifah²,

Ardhani³

2021

Advances in Social Science, Education and Humanities Research

View full text Add to dashboard Cite

One of the efforts that can be made to improve the UMKM class is to provide easy access to capital through Islamic banking institutions. However, currently, UMKM in Indonesia are facing a crisis due to the Covid-19 pandemic and also the economic recession. This study aims to determine the Sharia Banking Financing Restructuring Policy Against UMKM Affected by the Covid-19 Pandemic and Islamic Maqashid Study of Sharia Banking Financing Restructuring Policies on UMKM Affected by the Covid-19 Pandemic. The type of research used in this research is normative juridical research. The approach used is in the form of a statutory approach (statue approach) and a conceptual approach (conceptual approach). Legal materials obtained through literature study are then analyzed by means of descriptive qualitative. The Research Results Show that Restructuring does not mean eliminating the debtor's obligations, but there are new adjustments in paying debt instalments. The restructuring policy of UMKM has the aim of providing legal protection in an effort to maintain economic stability and the health of banks in Indonesia during the Covid-19 pandemic. These efforts contain wisdom and good causes (al-'illah), namely saving banks and UMKM. Meanwhile, its maqashid, namely avoiding economic downturns. From al-'illah, it can be seen that the existence of maqashid sharia, which aims to maintain economic stability and bank health because the essence of the maqhasid concept is to realize goodness.

show abstract

Section: Restructuring Policy Of Shariah Financing Toward Umkm Affected By Covid-19: Legal Protection Perspectivementioning

confidence: 99%

Restructuring Policy of Shariah Financing Towards UMKM Affected by Covid-19: Maqashid Syariah Perspective

Fidhayanti¹,

Arifah²,

Ardhani³

2021

Advances in Social Science, Education and Humanities Research

View full text Add to dashboard Cite

show abstract

“…When such court requested clarifications to the affiliated banks, such institutions rejected the request under Article 49 (1) and (2) of the Banking Act jo. Article 2 of PBI on Bank Secrecy which does not recognize exceptions to the principle of bank secrecy in regards to claims of combined wealth in divorce cases (Dwiyatmi & Wauran, 2017).…”

Section: A a Claim For The Division Of Combines Wealth That Is Filed ...mentioning

confidence: 99%

The Right to Access Banking Data in a Claim for a Division of Combined Assets That Is Filed Separately From a Divorce Claim

Kurniawan¹,

Nugraha²,

Abrianto³

et al. 2020

yst

View full text Add to dashboard Cite

Bank Secrecy remains as one of the most essential principles of banking. In Indonesia, however, this principle is not absolute. According to Article 40 (1) of Law No.10 of the Year 1998 regarding changes to Law Number 7 of the Year 1992 regarding Banking alongside Article 2 (4) of Bank Indonesia Number : 2/19/PBI/2000 regarding several exceptions in implementing Bank Secrecy. In its implementation, these exceptions have yet to adjust to recent social development. One problematic case is when it relates to a claim of combined assets that is filed in conjunction with a claim for divorce. In recent development, the Constitutional Court has asserted that the one of the exceptions for Bank Secrecy can occur for cases of divorce, in its Judgement Number 64/PUU-X/2012. However, this decision has yet to answer a problematic issue when the claim for divorce is filed separately from the claim for the division of combined assets. Such decision does not consider cases in which the two aforementioned claims are filed separately. This presents a problem for couples who are not muslim and are confined to divorce laws in which the two claims must be filed separately. Thus, does a claim for the division of combined assets that is filed separately from the claim of divorce fall under the Scope of Constitutional Court Decision Number 64/PUU-X/2012? According to the following research, such cases indeed fall under the scope of Constitutional Court Decision Number 64/PUU-X/2012. This conclusion is based on historical interpretation and Extensive Interpretation. According to historical interpretation, the original intent of the judges in drafting Constitutional Court Decision Number 64/PUU-X/2012 is to provide both the husband/wife equal share of their wealth. According to extensive interpretation, the concept of filing both claims separately is to an extension of the concept explicitly addressed in such Constitutional Court decision.

show abstract

Menembus Rahasia Bank Terkait Harta Bersama Dalam Perkawinan

Cited by 2 publications

References 0 publications

Restructuring Policy of Shariah Financing Towards UMKM Affected by Covid-19: Maqashid Syariah Perspective

Restructuring Policy of Shariah Financing Towards UMKM Affected by Covid-19: Maqashid Syariah Perspective

The Right to Access Banking Data in a Claim for a Division of Combined Assets That Is Filed Separately From a Divorce Claim

Contact Info

Product

Resources

About