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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Batulis Civil Law Review
Nurjamil, Nurjamil
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Law, Crime, Criminology & Criminal Justice

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The Productive Waqf Land Utilization Agreements in Indonesia: Legal Status and Financial Scheme Nurjamil, Nurjamil; Arifin, Tajul; Bisri, Hasan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5604

Abstract

This research was conducted to determine the legal status, funding schemes and benefit sharing of the active waqf land use agreement in Indonesia. This research adopts a normative juridical approach, examining the legal dimensions of the subject matter based on statutory norms, particularly those related to waqf. It also employs an analytical descriptive method, whereby the collected data is analyzed to provide a comprehensive depiction of the utilization of productive waqf land in Indonesia. Data collection was conducted through literature review and in-depth interviews with commissioners of the Indonesian Waqf Board and practitioners in the Islamic financial services sector. The findings were then analyzed using qualitative data analysis techniques. The agreement on the use of beneficial waqf land in Indonesia is in accordance with both Islamic law and positive law. In large-scale ventures, investors can include financial institutions in the Sharia Non-Bank Financial Industry, such as sharia venture capital with mudarabah or musyarakah, or cooperate with sharia financial technology company via a crowd-funding agreement. This study is particularly valuable for waqf managers and scholars, as it can aid in developing contract-based utilization arrangements and financing schemes grounded in financing rules. Furthermore, the study highlights the potential of sharia venture capital and sharia financial technology as promising funding schemes for waqf-based ventures, offering innovative solutions for the sustainable growth of waqf land utilization.
Measuring Opportunities and Challenges in Dispute Resolution of Fintech Sharia Business Through LAPS Nurhayati, Siti; Nurjamil, Nurjamil; Fadhillah, Muhammad Haris
Batulis Civil Law Review Vol. 3 No. 1 (2022): VOLUME 3 NOMOR 1, MEI 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i1.929

Abstract

This research was conducted to outline the opportunities and challenges of resolving fintech business disputes through the Alternative Dispute Resolution Institute (LAPS) in Indonesia. The research method used in this research is a legal reasearch approach and qualitative approach that is to review primary and secondary data sources related to regulations on business dispute resolution in Indonesia. The results show that fintech plays a role in encouraging the economic development of the community, especially as an alternative to financing. LAPS serves as a solution to dispute resolution of business people in Indonesia this institution was chosen because it is more effective and efficient, the verdict is final and binding that is contrary to litigation lines that seem time-consuming and expensive costs. LAPS opportunities are very large for the rise of digital-based businesses and payments that still leave many legal problems while LAPS khsusus fintech is not yet available where LAPS provides services that are in line with digital business; the settlement is a win-win solution, which is in accordance with the character of the business world, which is obliged to manage risks, including reputational risk, operational risk and legal risk. While the challenges faced by LAPS in fintech include: Dualism alternative fintech dispute resolution can be through LAPS and can also through the Consumer Dispute Resolution Agency (BPSK); Limited Legal Infrastructure The number of fintech transactions that continue to increase in line with the potential for disputes that will occur; Availability of Mediators and Arbitrators of LAPS Financial Services Sector.
Co-Authors Hasan Bisri Muhammad Haris Fadhillah Siti Nurhayati Tajul Arifin