Claim Missing Document
Check
Articles

Found 17 Documents
Search

ANALISIS PENGGUNAAN BENDERA DAN LAMBANG ACEH DALAM PELAKSANAAN OTONOMI KHUSUS DI ACEH MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2006 TENTANG PEMERINTAHAN ACEH Fakrizal, Dedek; Marzuki, Marzuki; Mustamam, Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The central government deemed Qanun Number 3 of 2013 concerning the flag and symbol of the region to be in conflict with the provisions of Article 6 PP. No. 77/2007 concerning Regional Symbols, also contradicts the provisions of Article 250 paragraph (1) of Law Number 23 of 2014 concerning Regional Government. The use of the Aceh flag in the framework of implementing special autonomy in Aceh is a symbol of society that shows the identity of the people and regions of Aceh, and is not a symbol of sovereignty in accordance with Article 246 of the Government Law. Judging from the aspect of its implementation, until now the provisions of the Qanun have not been implemented, even though it has been ratified by the Aceh government together with the DPRA. Thus, the Qanun on the Aceh Flag has not received legal certainty in its totality, because there are still conflicting legal substance norms contained therein.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK TENAGA KERJA MENURUT QANUN NOMOR 7 TAHUN 2014 TENTANG KETENAGAKERJAAN Prakoso, Endro; Marzuki, Marzuki; Mustamam, Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The rights of workers according to Qanun Number 7 of 2014 generally refer to Law Number 13 of 2003 concerning Manpower. However, at certain points, there are differences in substance, namely in relation to protection and “meugang” holiday time to welcome Ramadan, Eid al-Fitr and Eid al-Adha, there are also holidays commemorating the Tsunami and the rights of workers / laborers to receive meugang allowances to welcome Ramadan and Eid al-Adha. The weakness of the protection of workers' rights in Qanun Number 7 of 2014, which is related to the obligation of companies and entrepreneurs to provide Meugang allowances in Article 48 of the Qanun which are unclear and firm. Another weakness, namely the provisions of Article 66 and Article 67 of the Qanun, which involves workers / laborers in implementing corporate social responsibility. It can be said that the legal provisions regarding the protection of workers / labor rights in Qanun Number 7 of 2014 concerning Manpower, can be said that it has not guaranteed certainty and justice.
ANALISIS JUAL BELI DENGAN MENGGUNAKAN AKAD MURABAHAH DI BANK SYARIAH (Studi Analisis Di Bank Syariah Indonesia Cabang Rantau Prapat) Dewiyana, Hudrah; Mustamam, Mustamam; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The implementation of financing under the murabahah agreement is based on the Fatwa of the National Sharia Council of the Indonesian Ulama Council Number 04 / DSNMUI / IV / 2000 concerning Murabahah. The murabahah contract in question is selling an item by confirming the purchase price to the buyer and the buyer paying a higher price. The problem formula in this thesis is how to arrange the implementation of buying and selling using the murabahah contract in the perspective of Islamic law at Bank Syariah Indonesia Rantau Prapat, how the implementation of buying and selling using the murabahah contract in the perspective of Islamic law at Bank Syariah Indonesia Rantau Prapat, how are the solutions to external and internal obstacles in the implementation of buying and selling using the murabahah contract at Bank Syariah Indonesia Rantau Prapat. This type of research is a normative juridical research that is based on statute and empirical juridical research by conducting interviews with the Head of the Branch of Bank Syariah Indonesia Rantau Prapat. The data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The conclusion in this paper is carried out using deductive-inductive thinking logic, which is done with the theory used as a starting point for conducting research. The results showed that the arrangement for the implementation of the murabahah contract carried out at Indonesian Sharia Bank is based on the Fatwa of the National Sharia Council of the Indonesian Ulama Council Number 04 / DSN-MUI / IV / 2000 concerning murabahah. The implementation of the murabahah contract at Bank Syariah Indonesia is a financing provided by banks to prospective debtor customers to finance their business needs through working capital financing, investment, people's business credit (KUR), bud, middle and main financing by using the murabahah contract as the financing agreement contract. . Barriers to Implementation of Murabahah Agreement at Indonesian Sharia Bank are customers do not carry out their payment / payment obligations on the agreed time, documents or information submitted by the customer to the bank are fake, invalid, or incorrect.
ANALISIS YURIDIS WANPRESTASI TERHADAP AKTA PENGAKUAN HUTANG DALAM PERJANJIAN KERJASAMA PEMASUKAN MODAL (Studi Putusan Mahkamah Agung Nomor 191 K/Pdt/2019) Samosir, Jonatan; Mustamam, Mustamam; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 3 (2021): Edisi bulan September 2021
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Default in the implementation of capital investment cooperation agreements is a phenomenon that often occurs in practice. Many factors cause default, it could be due to the fault of the parties or outside the fault of the parties. The formulation of the problem in this thesis is how the legal strength of the debt recognition deed in the capital investment cooperation agreement, what is the legal effect of default on the debt recognition deed in the capital investment cooperation agreement, how is the legal consideration of the judge judge in deciding case No. 191 K / Pdt / 2019. The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results show that the legality of the debt recognition deed in the capital investment cooperation agreement is a perfect means of evidence for the parties in the event of a dispute in court. As a result of the default law on the deed of debt recognition in the capital investment cooperation agreement, the injured party sues so that the party causing the loss is required to provide compensation as stipulated in the cooperation agreement which determines that the party who breaks the promise is willing to be sued and bear all costs arising from the collection the. Judge Judge's legal considerations in deciding case No. 191 K / Pdt / 2019 is that the agreement has been valid and binds the parties as law, so that the legal relationship between the plaintiff and the defendant is a debt and credit relationship accompanied by interest in which the plaintiff and defendant agree that the plaintiff is the creditor (creditor) while the defendant is an indebted party (debtor) provided that the defendant must repay the loan within 3 (three) months, accompanied by profit payments.
Analisis Yuridis Berpindahnya Hak Asuh Anak (Hadhanah) Akibat Terjadinya Perceraian (Studi Putusan Pengadilan Agama Sungai Penuh Nomor 22/Pdt.G/2022/PA.Spn) Rangkuti, Dennyansyah Sani; Mustamam, Mustamam; Noor, Tajuddin
Jurnal Hukum dan Kemasyarakatan Al-Hikmah Vol 5, No 3 (2024): Edisi September 2024
Publisher : universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhah.v5i3.10070

Abstract

Kedudukan Anak Perempuan dalam Pembagian Harta Warisan menurut Hukum Islam (Studi Kasus Putusan Pengadilan Agama Medan No. 40/Pdt.G/2017/PA.Mdn) Saragih, Emy Eliamega; Mustamam, Mustamam; Mukidi, Mukidi
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 2, No 2 (2019): Journal of Education, Humaniora and Social Sciences (JEHSS) Desember
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (661.132 KB) | DOI: 10.34007/jehss.v2i2.92

Abstract

The problem in this study, regarding the position of girls in the distribution of inheritance law according to Islam, concerning inheritance rights of siblings of fathers who leave a daughter in the perspective of Islamic law and on the basis of judges' consideration in determining the determination of heirs in the decision of case register No. 40/Pdt.G/2017/PA.Mdn. This research is a normative juridical approach with a case approach by analyzing Decision No. 40/Pdt.G/2017/PA. Mdn). The data source of this research is secondary data obtained from the results of library research. Data analysis used in this study is qualitative data analysis. Based on the research results obtained, that the position of girls in the distribution of inheritance law according to Islam is the same as that of boys, namely both have the right to inherit the inheritance of their parents or relatives. It's just that, the male portion is bigger than the female part, which is two parts of the two girls. The inheritance rights of the father's siblings who leave a daughter in the perspective of Islamic law are based on bi ghairihi asabah, because they inherit from men and women together. The basis of the judge's consideration in determining the determination of the heir in the decision of case register No. 40 / Pdt.G/2017/PA.Mdn, is Article 174 paragraph (2) KHI and Al-Quran Letter of Examination verse 176. The panel of judges has mistakenly interpreted the substance of the Examination paragraph 176 and also interpreted the provisions of Article 174 paragraph (2) KHI.
Analisis Yuridis Pertanggungjawaban Hukum Bagi Calon Legislatif Yang Melakukan Tindak Pidana Pemilu Dalam Bentuk Pelanggaran Kampanye (Studi Putusan Pengadilan Tinggi Palu Nomor 44/PID/2019/PT.PAL) Afriadi, Soegeng; Marzuki, Marzuki; Mustamam, Mustamam
Jurnal Hukum dan Kemasyarakatan Al-Hikmah Vol 6, No 2 (2025): Edisi Juni 2025
Publisher : universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhah.v6i2.11425

Abstract