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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Warkat
Nurhayati, Prawatya Ido
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Upaya Perlindungan Tanah Pertanian Terdampak Ganti Rugi Akibat Pengadaan Tanah Untuk Kepentingan Umum (Studi Kasus: Yogyakarta International Airport) Aiska, Gitta Sabilla; Koeswahyono, Imam; Nurhayati, Prawatya Ido
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.2

Abstract

This research aims to study the protection of agricultural lands regarding land procurement and airport development that has taken place since the issuance of the Decree of the Governor of Yogyakarta Number 68/KEP/2015 on 31 March 2015. This has left impacts on some farmers who have lands, sharecroppers, and peasants. On the other hand, Article 36 of Law Number 2 of 2012 concerning land procurement for the development of public facilities states that compensation can be given in the form of a. money, b. substituting land; c. substituting residence; d, share ownership; or e, another form of compensation agreed by the two parties. This does not ensure that the right holders can freely choose the form of compensation needed. This research employed empirical and socio-juridical methods involving direct observation to gain data that revealed the impacts and measures of protecting agricultural lands. The data were obtained by conducting interviews with Regional Land and Spatial Planning Agency, National Land Agency, the sub-district office, and affected farmers. The data were analyzed based on descriptive qualitative methods, revealing that the measures taken to protect agricultural lands in the case of giving compensation in land procurement for public facilities are not appropriately implemented. This is obvious in the observation results, reporting that the compensation given still leaves impacts on the farming community.
The Urgency of Implementing the Ilahiah Principle in the Implementation of E-Commerce Djumikasih; Hidayat, Fitri; Nurhayati, Prawatya Ido; Puspitasari, Indri; Manap, Norhoneydayatie Abdul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

Electronic contracts, especially electronic commerce, are common today because they provide many conveniences for both sellers and buyers. For sellers, e-commerce opens up a much wider market and can reduce the selling price as low as possible because it can reduce distribution and promotion costs. For buyers, e-commerce provides a large selection of products without having to spend time, energy and costs to find products directly. However, these various conveniences also bring up various problems in their implementation, to the detriment of both sellers, buyers and couriers and expedition companies, there are many cases that show that. This because in making an electronic contract the parties do not meet directly, so that there are certain parties who feel innocent when they do not fulfill what they have agreed, because they feel that no one is watching because the opposite party to the agreement cannot see directly.  This research examines the urgency of applying the Ilahiah Principle in the implementation of e-commerce with the approach and conclusion that the Ilahiah Principle is urgent to apply because it moves the parties to remain in good faith in the implementation of the agreement even though they do not meet in person because they feel there is a God who is watching.
The Validity of Submission in Credit Agreements Based on Sharia Principles Nurhayati, Prawatya Ido; Oktafia, Yeni
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 4 (2025): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i4.1872

Abstract

The purpose of the study is to investigate on the concept of submission in legs of credit agreements based on Shariah concept. This research is intended to measure the legality of these agreements based on the requirements of contract in accordance with the stipulation set out in Article 1320 of the Option of Contractual Law, so that only those agreements in respect of the law, so that all concerned parties must comply with the legal principles set forth by law. Moreover, this research also aims to evaluate and determine the authority of the Religious Court to resolve disputes arising from implementation of Shariah credit agreement entries. This study used a normative juridical research method to analyze the relationship between credit agreements and Shariah. The motivation for this study is the increasing number of Shariah credit agreements formed lately, some of which are not based on the basic principles of Shariah credit agreements. The results of the research show that the jurisdiction of Religious Courts to resolve these disputes is governed by Law Number 3 of 2006 concerning the Religious Courts, so that although there is wide jurisdiction for these courts in principle, there are still limitations in the authority of these courts to resolve disputes arising from the execution of the Shariah credit agreement.
Co-Authors Aiska, Gitta Sabilla Djumikasih Hidayat, Fitri Imam Koeswahyono Indri Puspitasari, Indri Manap, Norhoneydayatie Abdul Oktafia, Yeni