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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-Manahij: Jurnal Kajian Hukum Islam Jurnal Akta AJIS : Academic Journal of Islamic Studies Jurnal Hukum Magnum Opus Journal Analytica Islamica JOURNAL OF SCIENCE AND SOCIAL RESEARCH AT-TURAS: Jurnal Studi Keislaman Jurnal Review Pendidikan dan Pengajaran (JRPP) Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial JURMA : Jurnal Program Mahasiswa Kreatif LEGAL BRIEF Al-Sharf: Jurnal Ekonomi Islam INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Journal of Law, Poliitic and Humanities Borneo : Journal of Islamic Studies JUDGE: Jurnal Hukum Journal of Islamic Law Studies Tasyri' Riwayat: Educational Journal of History and Humanities El-Mujtama: Jurnal Pengabdian Masyarakat
Harahap, Mhd. Yadi
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Pengikatan Jaminan Kebendaan dalam Kontrak Pembiayaan Muḍārabah sebagai Upaya Penyelesaian Sengketa Debitur Wanprestasi (Analisis Putusan Mahkamah Agung Nomor 272/K/AG/2015 tentang Pembiayaan Mudharabah) Harahap, Mhd. Yadi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 14 No 1 (2020)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1478.816 KB) | DOI: 10.24090/mnh.v14i1.2999

Abstract

The imposition of collateral in muḍārabah financing contracts is a separate issue for Islamic banks even though in principle Islamic banks are not required to ask for collateral, but in practice, collateral is one of the elements that must be met by business actors in muḍārabah financing contracts. When the collateral is not applied, problems often arise in the case of debtor default. The problem in this study is whether the imposition of collateral can be used as an effort to resolve debtor disputes in muḍārabah financing contracts. To answer the research question, the method used is a normative juridical research method where the law is not only seen as law in books but also the law in action with the statutory approach and case study approach, namely the decision of the Mahkamah Agung. The results of the study presented that binding guarantees in muḍārabah financing contracts can be used as anticipation to minimize the risk of loss based on article 39 of Law no. 21 of 2008 concerning Islamic Banking. When the business actor defaults, neglects, and breaches the contract in muḍārabah financing, the guarantee can be used as an effort to mitigate the settlement of muḍārabah financing disputes to pay off obligations to Islamic banks.
THE IMPLEMENTATION OF COLLATERAL IN THE CON-TRACT OF MUDHARABAH FINANCING ACCORDING TO ACT NO. 21 OF 2008 ON SHARIA BANKING AND DSN-MUI’s FATWA Harahap, Mhd. Yadi
Journal of Islamic Law Studies Vol. 2, No. 3
Publisher : UI Scholars Hub

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Abstract

Contract of mudharabah financing is principally intended to meet the interests of businesses in terms of capital or additional capital to implement a productive business, between two or more parties. The problems of contract of mudharabah financing arises when owners of capital requires collateral to be met by businesses. Imposition guarantees in classical fiqh that developed by the mazhab of Imam that in terms of mudharabah financing, capital owners cannot demand collateral from businesses to recoup the principal or capital plus profit. If the owners of capital require the provision of collater-al from mudharib and make collateral as a condition of a contract then the cooperation contract is null and void according to Maliki and Shafi’i. According to the Hanbali, and Abu Hanifah, only the conditions were null and void, while contract itself remains valid. In general, according to Law No. 21 Year 2008 on sharia banking, collateral is termed by rahn and kafalah. This is in line with the DSN-MUI Fatwa formulating collateral consists of Rahn and kafalah. It should be understood that the contract of mudharabah financing is different from the concept of financing debts that require no collateral. When syariah banking is applying guarantee in the contract of mudharabah financing, it will lead to another problem that is interest to be discussed. This research applies a legal normative method by approach legislations and Fatwa DSN-MUI, this allows the researcher to find the answer about the problems that are considered correct.
Cancellation of Grants Transferred In The Form Of Inheritance Through The Supreme Court Decision Sebayang, Muhammad Alfalah; Harahap, Mhd. Yadi
Judge : Jurnal Hukum Vol. 5 No. 02 (2024): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v5i02.560

Abstract

Research activities must have clear objectives to achieve. Research objectives show the quality and value of research. The objectives to be achieved in this research are to analyze the judge's considerations in deciding the grant cancellation case and to explain the judge's considerations in canceling the first decision after it was ratified AS well AS regarding the authority of the Court in adjudicating disputes over the withdrawal of grants transferred in the form of inheritance. This research has positive legal implications for efforts to realize the rights that should be given to grantees and families of grantees who have been transferred in the form of inheritance. This qualitative research was conducted by collecting, analyzing and interpreting narratives into visual data to obtain a complete, comprehensive and holistic understanding of the phenomenon of adjudicating grant disputes. The results of this study reveal that the urgency of studying Islamic fiqh and the two sets of KHI article 212 and KHES articles 719 and 728 are to become more familiar in resolving sharia economic disputes such as AS the withdrawal of grant assets. And so that both can be used AS guidelines, not just one of them, so that they can be collaborated and do not conflict with fiqh rules. The results of this study are expected to contribute ideas for the development of legal science in Indonesia and especially civil law, especially regarding cases of settlement of grant withdrawals in court.
Legal Aspects of Charging Fiduciary Guarantees in Money Lending and Borrowing Cases Sitepu, Reza Athaya; Harahap, Mhd. Yadi; Lubis, Rizki Nur Fadilah; Andrivina, Annisa; Ginting, Erika Damayanti; Yulianda, Riska
Jurma : Jurnal Program Mahasiswa Kreatif Vol 8 No 2 (2024): DESEMBER
Publisher : LPPM UIKA Bogor

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Abstract

Lending and borrowing money has been a known practice in society for a long time, when money has become a commonly used means of transaction. Guarantee law is always related to economic law because growth in sectors such as industry, trade, companies, transportation, and others requires access to funds. Financial institutions, both banks and non-banks, provide funds for development, which require collateral for the return of the loaned funds. The question discussed in this research is "How is the burden of fiduciary guarantees in cases of borrowing and borrowing money?
Execution of Fiduciary Guarantees Post 2019 MK (Constitutional Court) Ruling Zikry, Bagas Bi; Harahap, Mhd. Yadi; Saragih, Nabila Fadiyah Shafa; Harahap, Kholid; Desky, Saddam Pardamean; Wahyudi, Wahyudi
Jurma : Jurnal Program Mahasiswa Kreatif Vol 8 No 2 (2024): DESEMBER
Publisher : LPPM UIKA Bogor

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Abstract

Fiduciary guarantee is a language that is often used in Indonesian and also in Law No. 42 of 1999. Collateral is an asset owned by a borrower to be used as collateral or deposit for the loan he receives which is handed over to the lender. The transfer of an ownership right to an object with a sense of mutual trust on mutually agreed terms, namely to an object whose ownership rights are transferred remains under the control of the original owner of the object. Historically, fiduciary institutions have been established since Roman times. As history progressed, Roman law also developed until the emergence of pawning and mortgage institutions. This causes the role of fiduciary institutions as debt collateral to begin to diminish and their existence has also disappeared. This happened after the classical era under the leadership of Justianus.
Implementation of the Principle of Publicity in the Charge of Mortgage Guarantees Lubis, Raihanah Erwina; Harahap, Mhd. Yadi; Alya, T. Damara; Ananda, Aura Balqis
Jurma : Jurnal Program Mahasiswa Kreatif Vol 8 No 2 (2024): DESEMBER
Publisher : LPPM UIKA Bogor

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Abstract

Legal principles are the initial foundation for the formation of a law. In Law no. 4 of 1996 concerning mortgage rights is also based on legal principles that prioritize rights, which of course aims to realize equal rights. Implementation of the Principle of Publicity in Charging Mortgage Guarantees is an important aspect that supports transparency and legal certainty in financial transactions involving collateral objects. The principle of publicity, which requires the registration of mortgage rights to be recognized and enforced against third parties, is the main pillar in the property guarantee system in Indonesia. The question that arises is what is the aim of applying the principle of publicity in the imposition of collateral law. Through normative methods with document analysis and literature study, this writing reveals that even though the principle of publicity has been confirmed in Law no. 4 of 1996 concerning Mortgage Rights over Land and Objects Related to Land, there are still challenges in practice, such as administrative problems and information accessibility. This article concludes that improving the registration system and increasing access to public information is the main key to overcoming these challenges, as well as strengthening the principle of publicity in the imposition of mortgage guarantees in Indonesia. The proposed policy and practice recommendations are expected to help increase legal certainty and efficiency of financial transactions related to property collateral.
Disparity of Religious Court Judges' Decisions Regarding Distribution of Rights of an Adopted Child in a Mandatory Will Dayrobi, Mhd.; Harahap, Mhd. Yadi
Jurma : Jurnal Program Mahasiswa Kreatif Vol 8 No 2 (2024): DESEMBER
Publisher : LPPM UIKA Bogor

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Abstract

This study aims to determine and describe the chronology of the distribution of obligatory wills for adopted children in decision no. 5203/Pdt.G/2019/PA.Tgrs, Decision no. 1277/Pdt.G/2016/PA.Tng and Decision no. 1926/Pdt.G/2020/PA.JU as well as the judge's considerations in determining the adopted child's share of the three decisions. The type of research used is qualitative, namely collecting data with the aim of interpreting the phenomena that occur using a normative juridical analysis approach, through studying the decisions of the Religious Courts regarding cases of obligatory wills for adopted children with data sources in the form of research libraries, court decisions, statutory regulations, and books and interviews with the judge who decided the case. The results of the research show that there are differences in the share of adopted children from the inheritance of their adoptive parents. The difference occurs because the heirs left behind are different, such as husband and biological father, so that adopted children get 1/6 of the share, while replacement heirs get 2/3 jointly, and 1/10 when the heirs are siblings. These three decisions can be included in the concept of Islamic justice. It means giving something that is rightfully yours in a balanced manner. Balanced means that everything that exists is accepted at the proper level and not at the same level. However, one large part and one small part can be determined by the expected function.
Forced Execution of the Object of Fiduciary Guarantees Through the Debt Collector Shobirin, Shobirin; Harahap, Mhd. Yadi; Musaddat, Anwar; Aulia, Syahwa Nur; Syakilah, Nadra Putri; Siregar, Nur Aini
Jurma : Jurnal Program Mahasiswa Kreatif Vol 8 No 2 (2024): DESEMBER
Publisher : LPPM UIKA Bogor

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Abstract

To achieve national goals, economic sector activities have the main aim of improving the standard of living and welfare of the community, and various policies are implemented to reactivate economic activities and give business entities more freedom to develop their businesses. One of the government policies to encourage development and economic growth is credit. To guarantee loan repayment from the borrower, the lender must have collateral, and one of the collaterals used is a fiduciary guarantee.
Palm Juice Transactions for Making Alcoholic Beverages from the Perspective of KHES and the Civil Code in Tanjung Beringin District Tengku, Faqih; Harahap, Mhd. Yadi
AJIS: Academic Journal of Islamic Studies Vol. 9 No. 2 (2024)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v9i2.11964

Abstract

Trade and commerce are essential to the economic activities of society, encompassing the exchange of goods or services with the purpose of deriving economic advantages. Within the framework of Indonesian law, these transactions are governed not only by civil regulations but also by Sharia principles, especially concerning adherence to religious and ethical standards.This study aims to examine the legal standing of transactions involving palm sap (nira water) utilized in the production of alcoholic beverages, viewed through the lenses of KHES and KUHP in Tanjung Beringin Subdistrict, Serdang Bedagai Regency. This study adopts an empirical juridical research method, employing a qualitative approach with comparative analysis. The research utilizes both primary and secondary sources of data, gathered through techniques such as observations, interviews, and document analysis.The study concludes that, under KHES, transactions involving palm sap intended for manufacturing alcoholic beverages are classified as invalid (fasid). This is due to the prohibition of alcoholic beverages in Sharia law, which renders any transaction related to palm sap for this purpose defective, regardless of whether it meets the formal requirements and conditions of a legitimate sale. As such, these transactions are subject to annulment. Conversely, from the perspective of the Indonesian Civil Code (KUHP), such transactions are deemed legally valid, as there is no specific prohibition against the trade of palm sap for producing alcoholic beverages within its provisions. Consequently, the transfer of ownership and rights from the seller to the buyer is recognized as lawful under civil law.
Resolution of Election Disputes for DPD Members Through Administrative Court Decisions Based on Law No. 7 of 2017 on General Elections (A Case Study of the DPD in West Sumatera Province) Juliansyah, Ali Akbar; Harahap, Mhd. Yadi
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.783

Abstract

This research aims to analyze the Jakarta Administrative Court Decision No. 600/G/SPPU/2023/PTUN.JKT related to the election dispute of DPD (Regional Representative Council) members in 2023, from the perspective of Law No. 7 of 2017 on General Elections and fiqh siyasah (Islamic political jurisprudence). The focus of the dispute is the alleged violations by the General Election Commission (KPU) in the process of establishing the permanent voter list and determining the election results. This study employs a normative approach with a case study to address how election disputes for DPD members are resolved through Administrative Court decisions. The analysis reveals that the Jakarta Administrative Court Decision has integrated principles of justice and transparency as outlined in fiqh siyasah, and complies with the legal provisions of Law No. 7 of 2017. However, the study also highlights some challenges in enforcing accountability and transparency by the election organizers. This decision has strategic implications for governance and strengthening democracy in Indonesia, particularly within the context of Islamic constitutional law.
Co-Authors Alya, T. Damara Amin, Muhammad Habibul Ananda, Aura Balqis Andrivina, Annisa Asomarito Pakpahan, Devi Maulani Aulia, Syahwa Nur Azhar Azhar Dayrobi, Mhd. Desky, Saddam Pardamean fatimah Fatimah Ginting, Erika Damayanti Harahap, Abu Yazid Bustami HARAHAP, FITRIANI Harahap, Hilal Haitami Harahap, Kholid Hidayat Hidayat Hidayat, Rahmat Juliansyah, Ali Akbar Lubis, Fauziah Lubis, Raihanah Erwina Lubis, Rizki Nur Fadilah Maiza Musaddat, Anwar Nasution , Saphira Husna Nasution, Muhammad Hasan Nurasiah Nurasiah Qamariah Lubis, Akma Ramadhan Syahmedi Siregar Rangkuti, Zivana Tiara Amanda Said, Raja Anggun Kusuma Saragih, Nabila Fadiyah Shafa Sebayang, Muhammad Alfalah Shobirin, Shobirin Siregar, Nur Aini Sitepu, Reza Athaya Suhairi, Mhd Arbi Bayu Sukiati Sukiati Syakilah, Nadra Putri Tanjung, Dhiauddin Tarigan, Tegar Laksana Tengku, Faqih Uswatun Hasanah Wahyudi Wahyudi Yulianda, Riska Zikry, Bagas Bi