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Juridical review of tenant rent agreements in toll road rest area Maskur, Muhammad Novrizal Firdaus; Wasitaatmadja, Fokky Fuad; Sadino, Sadino
Gema Wiralodra Vol. 14 No. 2 (2023): gema wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v14i2.465

Abstract

Indonesia's economic growth is still centered on the island of Java, thus demanding the Government to conduct development outside Java. PT Hutama Karya (Persero) received a mandate from the Government to develop and build the Trans Sumatra Toll Road through Presidential Regulation No. 100/2014 was then amended through Presidential Regulation No. 117/2015. With the construction of toll roads on the island of Sumatra, economic growth there is hoped to increase. With the Trans Sumatra Toll Road, a rest area is needed to support road users when traveling. PT Hutama Karya entered into a lease agreement with tenants in the managed Toll Road rest area to rent out rental space in the rest area. This study aims to determine whether the laws and regulations regarding the PT Hutama Karya (Persero) OPT Division Rest Area Agreement have fulfilled the Legal Aspects of the Agreement and the Legal Aspects of Justice.
Philosophical Sufism and Legal Culture in Nusantara: An Epistemological Review Wasitaatmadja, Fokky Fuad; Susetio, Wasis
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v20i1.558

Abstract

A research on the relation between sufism, sharia, and the local culture is essential for some reasons. First, Islamic philosophy and customary law (or the law of the peoples) are perceived as opposing each other. Second, Islamic philosophy, also in Geertz’s theory, regards Islam merely as the structure of religious orthodoxy. Third: the structure of Islamic orthodoxy, often portrayed as a highly rigid one, is often (seen as) conflicting with sufism in the world of Islamic scholarship. This paper aims to determine the dynamic relation between the spiritual values ​​of Sufism and traditional values ​​surviving in the so-called Nusantara legal culture. It also elaborates on the extent to which a distinct epistemology typical to sufism may contribute to enriching the cultural space of Nusantara law. As normative legal research, this paper employs the principle of legal culture developed by Lawrence M. Friedman. It concludes that the spiritual values ​​of sufism are not conflicting with the principles of Islamic jurisprudence. It would also argue that the construction of Nusantara legal culture has a unique character resulted from dynamic interaction of traditional values, on the one hand, and sufism on the other.