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COMPENSATION FOR HOME MORTGAGE CREDIT TRANSFER BY THE DEBTOR WITHOUT THE BANK'S KNOWLEDGE Firdaus, Amalina; Sativa, Annisa
JCH (Jurnal Cendekia Hukum) Vol 9, No 2 (2024): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i2.919

The transfer of mortgage loans to third parties without the bank notice may result in losses between the bank and the third party. because in this process there must be approval from the bank as a creditor and is marked by an authentic deed as a reinforcement in this agreement. Therefore, this article aims to determine the validity of the private deed agreement on the transfer of mortgage loan credit without notification to the bank and the legal consequences of compensation for ownership of the object of mortgage loan credit after the private deed agreement of the transfer of the debtor. The research method used is normative juridical which is research that refers to legal norms and national laws, With a research approach (statute approach). The results of this study indicate that the transfer of a mortgage loan (KPR) to a third party without the bank's knowledge is null and void by law or invalid and the legal consequences arising from these actions, creditors and third parties can sue and request compensation from the debtor for defaulting, then for the third party who has received the transfer of the mortgage loan does not get a name change.

UNDERWRITER RESPONSIBILITIES IN POLICY CLOSING LIFE INSURANCE Harahap, Eka Putriani; Sativa, Annisa
Academy of Education Journal Vol. 14 No. 2 (2023): Academy of Education Journal
Publisher : Fakultas Keguruan dan Ilmu Pendidikan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/aoej.v14i2.1658

Every human being must face a risk. The way to deal with the possibility of an unexpected event is by transferring the risk to another party through an insurance agreement. The research was carried out using a normative juridical approach, especially the statutory approach, where the relevant laws and regulations will be studied in relation to the main issues that the author examines. The author draws the conclusion, based on research, that the Underwriter is responsible for setting selection standards and making decisions for all prospective customers until the policy is issued. An Underwriter is bound to make mistakes in their work. However, the Civil Code has regulated the responsibilities of employers and workers to address this issue. Article 1367 of the Civil Code states that because the insurer works for a company, the insurer will be held liable if a lawsuit occurs involving an error in the underwriting process. Thus, the rights of insurance policy holders remain protected

Protection Consumer to Perspective Brand Manipulation Maqashid Syariah (Shopee Marketplace Case Study) Syafitri, Rizka; Sativa, Annisa
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1300

Brand manipulation is one of the most common violations of intellectual property rights in marketplaces, including Shopee. This practice harms consumers and original brand owners by causing confusion, lowering product quality in the market, and threatening user safety. This study aims to analyze the factors causing brand manipulation to protect consumer rights based on the consumer Protection Law (UUPK) and explore the application of Maqashid Syariah justice values. This study uses a library research method with a descriptive qualitative approach. A statute approach is used to analyze relevant regulations, such as Law No. 8 of 1999 on Consumer Protection and Law No. 20 of 2016 on Trademarks and Geographical Indications. . Research suggests that brand manipulation results from a number of major factors: a lack of consumer knowledge of the original, a profitable economic advantage for business owners, a lack of legal supervision and enforcement, tight market competition, and a lack of clear quality standards. This dishonest act costs the consumer dearly. Maqashid sharia views all Islamic laws as aimed at keeping the five main things in human life: religion (ad-din), soul (an-nafs), reason (al-'aql), descendants (an-nasl), and treasure (al-mal). This points out that the importance of increased surveillance, more stringent law enforcement, and education of consumers to be more aware of products circulating in the marketplace. Shopee as an e-commerce platform also has a crucial role in ensuring that the sellers on the platform comply with consumer protection regulations.

Digital Poster Plagiarism Perspective of Mui Fatwa Number 1 of 2003 Concerning Copyright Harniz, Innat Adlan Adillah; Sativa, Annisa
Al-Kharaj: Journal of Islamic Economic and Business Vol. 7 No. 2 (2025): All articles in this issue include authors from 3 countries of origin (Indonesi
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v7i2.7425

This research is motivated by the increasing issue of copyright infringement on posters in the digital era, where the ease of creating and distributing digital works opens up opportunities for plagiarism practices.As technology advances, it is becoming easier for people to find and download images or works that should be protected, such as graphic designs posted online on social media. These designs can be copied and shared quickly, any original creation should automatically be protected. These issues should be reason enough to update the law.Furthermore, this study aims to discuss the causes of digital poster plagiarism in Indonesia, legal protection for creators due to digital poster plagiarism, and analyze the binding force of the MUI fatwa regarding digital poster plagiarism, especially in the perspective of MUI Fatwa Number 1 of 2003. This study uses the Normative Juridical Research Method with a Conceptual approach, by examining MUI Fatwa Number 1 of 2003 concerning Copyright and the applicable laws and regulations in Copyright Law Number 28 of 2014. The results of the study indicate that copyright infringement, imitating or copying concepts, visual elements, and plagiarism through social media without permission from the original creator, especially for this digital poster, is haram. This fatwa expressly recognizes copyright as one of the huquq maliyyah (property rights) protected by sharia (Islamic Law). In this case, public awareness of digital poster plagiarism is very important. Legal defense efforts must be in line with strict law enforcement and adequate punishment for copyright violators by authorities based on existing laws and regulations.

Keabsahan Hukum Perjanjian Jual Beli melalui Whatsapp Bisnis berdasarkan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Alfatunisah, Alfatunisah; Sativa, Annisa
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.12137

The rise of digital technology has driven business actors to use WhatsApp Business as a platform for buying and selling transactions, which in turn increases the risk of breach of contract (wanprestasi) against consumers. This study aims to identify the causes of business actors' breach of contract through WhatsApp Business, analyze legal protection for consumers based on Law Number 8 of 1999 on Consumer Protection (UUPK), and evaluate the application of legal sanctions against business actors who commit breaches. The research uses a normative juridical approach, relying on statutory regulations, legal principles, and relevant literature, along with document-based analysis. The findings show that agreements made through WhatsApp can be legally binding if they meet the valid elements of a contract as stipulated in the Indonesian Civil Code (KUHPerdata). Consumers who suffer losses are entitled to protection and compensation in accordance with Article 19 of the UUPK, and business actors can be subjected to civil, administrative, or criminal sanctions if proven to have committed a breach. Transactions via WhatsApp Business fall within the scope of formal legal protection, and electronic evidence such as chats and payment proofs are legally admissible in court as guaranteed by the Electronic Information and Transactions Law (ITE Law).

Digital Poster Plagiarism Perspective of Mui Fatwa Number 1 of 2003 Concerning Copyright Harniz, Innat Adlan Adillah; Sativa, Annisa
Al-Kharaj: Journal of Islamic Economic and Business Vol. 7 No. 2 (2025): All articles in this issue include authors from 3 countries of origin (Indonesi
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v7i2.7425

This research is motivated by the increasing issue of copyright infringement on posters in the digital era, where the ease of creating and distributing digital works opens up opportunities for plagiarism practices.As technology advances, it is becoming easier for people to find and download images or works that should be protected, such as graphic designs posted online on social media. These designs can be copied and shared quickly, any original creation should automatically be protected. These issues should be reason enough to update the law.Furthermore, this study aims to discuss the causes of digital poster plagiarism in Indonesia, legal protection for creators due to digital poster plagiarism, and analyze the binding force of the MUI fatwa regarding digital poster plagiarism, especially in the perspective of MUI Fatwa Number 1 of 2003. This study uses the Normative Juridical Research Method with a Conceptual approach, by examining MUI Fatwa Number 1 of 2003 concerning Copyright and the applicable laws and regulations in Copyright Law Number 28 of 2014. The results of the study indicate that copyright infringement, imitating or copying concepts, visual elements, and plagiarism through social media without permission from the original creator, especially for this digital poster, is haram. This fatwa expressly recognizes copyright as one of the huquq maliyyah (property rights) protected by sharia (Islamic Law). In this case, public awareness of digital poster plagiarism is very important. Legal defense efforts must be in line with strict law enforcement and adequate punishment for copyright violators by authorities based on existing laws and regulations.

Larangan Pembatalan Klaim Sepihak oleh Perusahaan Asuransi Perspektif Maslahah Mursalah (Studi Putusan MK NO.83/PUU-XXII/2024) Hanafi Harahap, Fachrul; Sativa, Annisa
Riwayat: Educational Journal of History and Humanities Vol 8, No 3 (2025): July
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i3.48302

The Constitutional Court Decision No. 83/PUU-XXII/2024, which prohibits insurance companies from unilaterally canceling claims, represents a significant step in protecting consumer rights. This study examines the issue from the perspective of Islamic law, particularly the concept of maslahah mursalah.The aim of the research is to highlight the implications arising from the decision and provide recommendations to the relevant authorities to address the emerging challenges.This study employs a qualitative method with a normative juridical approach,.The study finds that the prohibition of unilateral cancellation aligns with the principles of maslahah mursalah.However,in practice ,the insurance industry may respond by adjusting their policies,such as increasing premiums or tightening the customer selection process.these implications may hider access to insurance products for certain vulnerable and marginalized groups.Therefore,the role ofnthe Financial Services Authority (OJK)is crucial in ensuring that new regulations are implemented fairly during this legal transition.Putusan Mahkamah Konstitusi No. 83/PUU-XXII/2024 yang melarang perusahaan asuransi membatalkan klaim secara sepihak menjadi langkah penting dalam melindungi hak konsumen. Penelitian ini membahas masalah tersebut dari sudut pandang hukum Islam, khususnya konsep maslahah mursalah. Tujuan penelitian ini untuk memberikan beberapa implikasi yang timbul akibat putusan ini serta masukan kepada badan yang berwenang agar sekiranya masalah yang timbul teratasi. Penelitian ini menggunakan metode kualitatif dengan pendekatan yuridis normative. Dalam penelitian ini ditemukan bahwa larangan pembatalan sepihak sejalan dengan prinsip-prinsip maslahah mursalah. Tetapi secara implikatif, industri asuransi berpotensi melakukan penyesuaian seperti menaikkan premi atau memperketat proses seleksi nasabah. Implikasi ini membuat sebagian kelompok masyarakat kecil dan rentan sulit untuk mengakses atau membeli produk asuransi. Oleh karena itu, peran Otoritas Jasa Keuangan (OJK) penting dalam memastikan regulasi terbaru agar transisi hukum ini tetap adil.

Life insurance company policy on insurance claims from beneficiaries based on policy discoveries outside the claim period (case study of Manulife Medan insurance company) Arantik, Rida; Sativa, Annisa
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1372

This study examines the policies of life insurance companies regarding claims from beneficiaries who discover a policy after the claim deadline has passed. The case study was conducted at PT Asuransi Jiwa Manulife Medan. Problems arose when beneficiaries only learned of the policy several years after the insured's death, resulting in claims being filed outside the timeframe. This study used an empirical legal method with a statutory approach and direct interviews with the company. The results showed that although the policy stipulates a claim deadline of between 30 days and one year, PT Manulife still allows for review if the policy is still active and the reason for the delay is justifiable. Policies that still have cash value are still considered active, allowing claims to be processed. These results demonstrate the importance of fairness and consumer protection in life insurance. In conclusion, there needs to be a balance between legal certainty in contracts and protection of beneficiary rights, particularly in cases of late claims caused by ignorance of the policy's existence.

Settlement of bad credit disputes on unsecured loans is reviewed from Fatwa DSN MUI NO: 19/DSN-MUI/IV/2001 in Roburan Dolok Village, South Panyabungan District Mandailing Natal District Lubis, Nora Elviana; Sativa, Annisa
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 6, No 2 (2022): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i1.8399

Bad credit is a condition when the borrower or debtor can no longer continue payments or debt installments. As a result of the debtor who cannot payhis debt, his credit becomes stopped or bad. This study aims to determine the settlement of bad credit disputes on unsecured loans in terms of Fatwa DSN MUI NO: 19/DSN-MUI/IV/2001 in Roburan Dolok Village, South Panyabungan District, Mandailing Natal Regency. This research feeds empirical legal research, by describing Islamic views on bad loans and the process of handling bad loans, taking samples by conducting interviews with related parties. The final conclusion shows that the implementation of bad credit dispute resolution in Roburan Dolok Village is in accordance with DSN-MUI fatwa No. 19/DSN-MUI/IV/2001 concerning Qardh, where it is explained that if one party does not fulfill its obligations or there is a dispute between the parties, then the settlement is carried out through the Shari'ah Arbitration Board or the Religious Court after no agreement is reached through deliberation.

Perlindungan Pelaku Usaha Terhadap Penggunaan Foto Produk Tanpa Izin di Marketplace Tokopedia Perspektif Fatwa MUI Nomor 24 Tahun 2017 Tentang Pedoman Bermuamalah di Media Sosial Zeta Donita, Zahra; Sativa, Annisa
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 9 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i9.9829

Product photos play a crucial role in today’s digital trade as they serve as a visualization of goods, function as a marketing strategy, and assist consumers in making purchasing decisions. However, due to the ease of access provided by the internet, many business actors face problems, one of which is the misuse of product photos by other parties without the owner’s consent, which may harm business actors and create unfair competition. This study aims to analyze the legal protection available to business actors against the unauthorized use of product photos on the Tokopedia marketplace and to examine this issue from the perspective of the Indonesian Ulema Council (MUI) Fatwa No. 24 of 2017 concerning Guidelines for Interaction in Social Media. The research employs a normative legal method with a conceptual approach and utilizes two types of data sources, namely primary and secondary. The findings indicate that product photos are creative works protected under the Copyright Law, and their unauthorized use constitutes a violation. Tokopedia has provided an intellectual property (IP) reporting mechanism and imposes sanctions on the unauthorized use of product photos. From the perspective of MUI Fatwa No. 24 of 2017, such actions are prohibited (haram) as they are considered misleading, deceitful, infringing upon intellectual property rights, and causing harm. The study concludes that the unauthorized use of product photos constitutes a violation of both positive law and Islamic law. Although legal protection for business actors is already available, greater dissemination of the MUI fatwa and consumer education are necessary to foster a fair and trustworthy digital marketplace.

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