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All Journal JURNAL ILMIAH LIVING LAW Kawanua International Journal of Multicultural Studies
Emma Maripah
Universitas Dumoga Kotamobagu, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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Evaluation of the Model Regulation of Home Ownership Financing Based on Islamic Sharia in Accommodating PPR of Islamic Banks and Non-Banks Emma Maripah; Firmansyah Pratama Alim; Ika Rahmaningtyas
JURNAL ILMIAH LIVING LAW Vol. 18 No. 1 (2026): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v18i1.21780

Abstract

The research discusses the evaluation of Home Ownership Financing (PPR) regulations in terms of sharia compliance, the availability of regulations, and the relevance of technical operational implementation in accordance with sharia principles. Sharia PPR is implemented through Sharia Banks and non-banks implemented by sharia developers. The challenge is that there are discrepancies in its implementation, both sharia, legal, and operational. This condition opens up opportunities for the development of non-bank Sharia PPR, which is carried out by sharia developers, to carry out different Sharia PPR schemes, through access to more sharia and easier financing, because without BI checking, without banks, without false contracts, and claimed to be free from elements of maisir, gharar, and usury. This scheme is an attraction for the public to access non-bank Islamic PPR. The problem is that non-bank Sharia PPR still has various weaknesses. Among them, there is no supervision from DSN-MUI or OJK. There is no regulation underlying its implementation. This research explores potential improvements to the regulatory model of Islamic PPR for both banks and non-banks, by analyzing regulations, including Law No.11 of 2013 concerning PUPR, Law No. 21 of 2008 concerning Islamic Banking, POJK No. 12 of 2023, as well as the fatwa of the Indonesian Ulema Council (MUI). It is expected to provide critical analysis in an effort to improve the practice of Sharia PPR. In addition, the importance of legal certainty, development of regulatory models, financing, and various innovations for the implementation of kaffah Sharia PPR. The recommendation is to carry out a revision of the current regulation, as well as the formation of a special regulation for Islamic PPR which is expected to become a legal umbrella for the implementation of PPR for Islamic banks and non-banks. Thus, the effectiveness of the regulation can be achieved and public access to Islamic PPR can be further expanded.
Legal Protection of Minority Groups within Patriarchal Structures: The Rights of Women and Children Post-Divorce Firmansyah Pratama Alim; Emma Maripah; Abdul Fajri Kolopita
Kawanua International Journal of Multicultural Studies Vol 6 No 1 (2025)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v6i1.1336

Abstract

Divorce produces significant impacts on women and children as minority groups within patriarchal structures, particularly within Indonesia's plural legal system that integrates Islamic law, national law, and social practices. This research aims to analyze legal protection mechanisms for women and children as minority groups post-divorce in the Muslim community of Manado City, identify structural patriarchal factors that hinder the fulfillment of rights, analyze the intersectionality of oppression within the plural legal system, and evaluate the effectiveness of existing protection mechanisms. Using a descriptive qualitative approach, this empirical juridical research integrates a framework for minority studies and structural patriarchal analysis. Primary data were obtained from 106 talaq divorce cases at Manado Religious Court in 2021, focusing on 15 reconvention cases and 46 complaint cases at the UPTD for Women and Child Protection. Data collection through document study, observation, and in-depth interviews was analyzed using thematic analysis. As many as 85.8% of cases were decided in absentia without the wife's presence, reflecting systemic marginalization. Hindering factors include limited legal knowledge, economic dependency, masculinity construction that avoids responsibility, and institutional monitoring vacuums. The reconvention mechanism shows 66.7% success, but is limited by unequal accessibility. Legal protection for women and children requires systemic transformation, integrating minority rights perspectives through strengthening integrated databases, rights-based legal aid, Family Court Monitoring Units, and intersectionality-based capacity building for law enforcement.
Co-Authors Abdul Fajri Kolopita Firmansyah Pratama Alim Firmansyah Pratama Alim Ika Rahmaningtyas