Claim Missing Document
Check
Articles

Found 2 Documents
Search

Analisis Hukum Terhadap Putusan Mahkamah Agung Nomor 987 PK/PDT/2023: Tinjauan Hukum Terhadap Kasus Peninjuan Kembali Dalam Sengketa Hutang Piutang antara Jefri Pratama dan PT. Bank Mandiri (Persero) Tbk Cabang Kota Ternate Siti Anjani; Fikrotul Jadidah
Decisio: Jurnal Ilmiah Hukum Vol 3 No 1 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i1.36

Abstract

This study analyzes the legal principles applied in the Supreme Court Decision Number 987 PK/PDT/2023 concerning the judicial review in a debt dispute between Jefri Pratama and PT Bank Mandiri (Persero) Tbk, Ternate Branch. The decision reaffirms fundamental civil law doctrines such as freedom of contract, pacta sunt servanda, good faith, and personal responsibility, emphasizing the contractual obligations of debtors to maintain insurance on collateral. The rejection of the judicial review petition highlights the strict criteria for such extraordinary legal remedies, thereby reinforcing legal certainty and protecting the balanced rights of both debtors and creditors. This research also discusses the implications of the ruling on the legal practice of dispute resolution in banking credit transactions, underscoring the importance of clear contractual clauses and adherence to obligations by both parties. The study concludes with recommendations to improve contractual clarity, debtor education, and judicial prudence in applying judicial review
Tinjauan Hukum Positif dan Hukum Islam terhadap Praktik Pinjaman Keuangan Informal (Bank Keliling) Muhammad Zia Ul Haaq; Fikrotul Jadidah
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.165

Abstract

This study analyzes the practice of mobile bank lending through the lens of positive law and Islamic law while examining its socio-economic implications for local communities. This study aims to educate the public about informal financial lending practices, and to analyze the factors contributing to their emergence and impacts (socio-economics), in order to promote more equitable to economic practices that are consistent with the principles of Islamic jurisprudence (fiqh). The research methodology combines a normative–empirical approach with juridical analysis, complemented by a literature review approach. This informal financing mechanism has expanded due to the demand for rapid access to funds without complex administrative requirements. However, it raises substantial legal concerns, as such activities typically operate without authorization or oversight from the Financial Services Authority or Bank Indonesia, thereby violating the provisions of Law No. 10 of 1998 on Banking and potentially giving rise to civil and criminal liabilities. From the perspective of Islamic law, this practice is deemed invalid due to the presence of riba, gharar, and elements of injustice that contradict the principles of maqāṣid al-sharī‘ah. Socio-economically, mobile bank lending generates adverse impacts on community welfare, including excessive interest burdens, debt dependency, and declining productivity caused by financial and psychological pressures. The study concludes that enhanced regulatory enforcement, improved financial literacy, and the strengthening of formal microfinance institutions—including Sharia-based financing—are essential to mitigating negative outcomes and providing safer and more equitable financing alternatives.