Waqf  Land Certification Postponement for Place of Worship Due to the Obscurity of the Toll Road Expansion Project (Re-overview of Gustav Radbruch's Three Basic Legal Values Theory)

Emha, Zidney Ilma Fazaada; Silviana, Ana; Musahadi, Musahadi

doi:10.21580/ahkam.2022.32.1.10745

Cited by 3 publications

(4 citation statements)

References 3 publications

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“…Among the goals are to protect all the people of Indonesia and all the independence that has been struggled for and to improve public welfare. 53 With this, economic development should consistently be rooted in and based on Pancasila. The economic development should reflect the actualisation of Pancasila as a fundamental value and spirit of people's economy based on the principles of togetherness, justice, and independence.…”

Section: The Actualisation Of the Sharia Economy In Indonesia As A Le...mentioning

confidence: 99%

In Search of Ummah Welfare Model: The Revitalisation of Sharia Economic Law in Indonesia

Hariyanto,

Harisah,

Hamzah

et al. 2023

Sriwijaya Law Rev.

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Sharia economic law in Indonesia has been revitalised through legal unification and codification to improve national economic development. In this context, the Sharia economy has become a guideline in every transaction. Therefore, people must understand the Islamic economic concept to create maslahah (goodness) in every aspect of life. Sharia economic law is not a new system, as it has been implemented since the era of the Prophet. However, there is a need for adjustment in the implementation of the Sharia economic law from time to time to enable it responding the current development. This study employs qualitative inquiry, using library research to analyse Sharia economic law's history and legal development. Legal documents used include state laws and regulations, the regulations of the Bank of Indonesia, the fatwa of DSN-MUI, and others. This paper argues that the revitalisation of the Sharia economic law in Indonesia is in line with the efforts made by the predominantly Muslim population to conserve and develop the system. This includes non-legalised and legalised implementation of the Sharia economic system, such as Sharia banking. Furthermore, the system does not contradict the value of Pancasila and the 1945 Constitution’s pillars of the Unitary State of the Republic of Indonesia. Sharia economic law, prioritising moral and religious principles, has proven to create maslahah and become a solution to the economic crisis. This was shown by the survival of Sharia banks during the 1998 economic crisis, maintaining the Sharia-standardised contract to create justice in society.

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Section: The Actualisation Of the Sharia Economy In Indonesia As A Le...mentioning

confidence: 99%

In Search of Ummah Welfare Model: The Revitalisation of Sharia Economic Law in Indonesia

Hariyanto,

Harisah,

Hamzah

et al. 2023

Sriwijaya Law Rev.

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“…Apabila penjual tetap tidak mau mengosongkan objek jual beli yang dimaksud dan pembeli tetap tidak dapat mengusai objek jual beli tersebut, maka perlu dilakukan upaya hukum, penulis menggunakan pisau analisis dengan menggunakan teori kepastian hukum yang dikemukakan oleh [10], yang mengatakan bahwa adanya skala prioritas yang wajib dijalankan, dimana urutan pertama selalu keadilan, kemudian kemanfaatan dan terakhir kepastian hukum. Hukum menjalankan perannya sebagai sarana perlindungan hukum bagi kepentingan manusia dalam masyarakat.…”

Section: Metode Penelitianunclassified

Legal Consequences For a PPAT Sale and Purchase Deed’s to Buyers Who Dont Own the Object of Sale and Purchase

Septiana

Sudirman²,

Kencanawati³

2023

JGH

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Currently, the need for authentic certificates as evidence is increasing along with the increase in business relationships in various business fields, both on a local and international scale. Most people acquire land by buying and selling. In preventing land problems so that conflicts do not occur in the community, it is necessary to have regulation, control and use of land regulated in the BAL. This study uses a normative juridical law approach with sufficient literature so that secondary data is also needed. The theory of legal certainty is also discussed in this study, because it is fair and implemented normatively, not sociologically. The Civil Code, the sale and purchase of land is essentially a transfer of land rights to other parties/persons in the form of land sellers to land buyers. Buying and selling in customary law is a legal act of transferring land rights by paying the price at the same time in cash.

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“…Justice is the main thing of the three things but that does not mean the other two elements can be ignored. A good law is a law that is able to synergize these three elements for the welfare and prosperity of the community [16].…”

Section: The Principle Of Legal Certaintymentioning

confidence: 99%

“…According to Radbruch: Justice in question is justice in a narrow sense, namely equal rights for all before the court. Benefits or finality describes the content of the law because the content of the law is in accordance with the objectives to be achieved by the law, while legal certainty is interpreted as a condition in which the law can function as a regulation that must be obeyed [16].…”

Section: The Principle Of Legal Certaintymentioning

confidence: 99%

Legal Implications of Banking Dispute Settlement Regulations in Indonesia that Do Not Meet Principles of Legal Certainty After Covid-19

Manurung¹,

Djatmika²,

Hamidah³

et al. 2023

Advances in Economics, Business and Management Research

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Trust is very expensive. The banking business is a trust business. If the public's trust in banking collapses, the bank will automatically go bankrupt. The poor condition of the banking system in Indonesia is caused by several factors: problematic credit distribution, moral hazard, excessive owner interference, weak aspects of banking supervision and regulation. Limited information available to the public regarding the financial condition of banks, so that community control over banks does not work properly. This condition causes the fragility of public trust in the banking industry. This has been exacerbated by the COVID-19 pandemic, which has been running for more than two years. Many workers lost their jobs and were laid off. They have no income. The money they have is of course used to finance basic needs in the form of food and drink, so that the debts they have are no longer able to be paid. Because of this, a policy for debt rescheduling is urgently needed. On the other hand, depositors who have deposits in the form of time deposits cannot withdraw their funds at maturity. The condition of banking in Indonesia is inseparable from the issue of moral hazard, which arises from various forms of government intervention, political involvement in the financial sector, and banking structures. The purpose of this writing is to reform the Indonesian banking industry in a better and more advanced direction. The author uses a normative legal research method with a related statutory approach, with a hypothesis: banking dispute resolution arrangements in Indonesia that do not meet the principle of legal certainty for customers after Covid-19. The result is that apart from going through the courts, an alternative banking dispute resolution (ADR) is still needed.

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Waqf Land Certification Postponement for Place of Worship Due to the Obscurity of the Toll Road Expansion Project (Re-overview of Gustav Radbruch's Three Basic Legal Values Theory)

Cited by 3 publications

References 3 publications

In Search of Ummah Welfare Model: The Revitalisation of Sharia Economic Law in Indonesia

In Search of Ummah Welfare Model: The Revitalisation of Sharia Economic Law in Indonesia

Legal Consequences For a PPAT Sale and Purchase Deed’s to Buyers Who Dont Own the Object of Sale and Purchase

Legal Implications of Banking Dispute Settlement Regulations in Indonesia that Do Not Meet Principles of Legal Certainty After Covid-19

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