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Settlement of Default Debtors on Amitra Financing (Hajj and Umrah) in Limited Liability Companies (Fif Group) Prapat Regional Branch Retni Ayu Syafitri; Elviana Sagala; Sriono Sriono; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5316

Abstract

Limited Liability Company Federal international finance group is a finance company that provides conventional and sharia financing facilities. And one of the financing that is engaged in sharia is AMITRA. Amitra is one of the funds that has been regulated in accordance with the fatwas with the MUI national sharia and is supervised by the financial services authority. Amitra is sharia financing from the Fifgroup for Islamic Hajj, Umrah and gold financing, or even qurban and aqiqah submissions. In addition to federal international finance, there are also several finance companies that provide hajj and umrah financing, for example Adira, Bess finance, etc. So here the writer is interested in discussing the financing of Hajj and Umrah in federal international finance.
The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency Muhammad Yusuf Siregar; Risdalina Risdalina; Sriono Sriono
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 1 (2020): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v3i1.804

Abstract

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.
The Role of Visum et Repertum as a Tool of Evidence in Evidence Against the Criminal Act of Persecutory (Study of Decision No. 646/Pid.B/2021/PN Rap.) Dewi Patima Hutagalung; Risdalina Risdalina; Indra Kumalasari M
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.4759

Abstract

Visa et repertumis a written explanation letter made by a doctor in forensic medical science regarding medical checks on humans, made based on his knowledge and under oath for the benefit of justice. There is also a problem formulation in this matter. 1. What are the requirements for a visum et repertum so that it can become valid evidence? 2. How is the strength of the visum et repertum as evidence in proving the case of persecution in the decision no. 646/Pid.B/2021/PN Rap? The method used in this writing is using the Juridical Normative Empirical method, namely by conducting field research with the method of interviews with related parties and library research in the form of literature books, legislation, legal articles, scientific essays, as well as other readings that are related to the problems discussed in the preparation of this article. While the problem of approach used is the Legislative approach, the Conceptual approach and the Visum et Repertum Problem approach are documentary evidence as regulated in Article 184 paragraph (1) of the Criminal Procedure Code and Article 187 letter c of the Criminal Procedure Code and has strong evidentiary power because it is able to prove elements persecution, in researching this problem the author takes an example of a case that is in accordance with the title above, namely decision no. 646/Pid.B/2021/PN Rap. The consequences that arise if the Visum et Repertum has a comparison to the explanation given by the suspect is that the explanation can be revoked and a re-check of the Visum et Repertum can be carried out if the suspect is proven to have given a wrong confession. In order for Visum et Repertum to have the power of juridical proof, it is necessary to regulate the standardization of the model and form as well as the arrangement of Visum et Repertum in a statutory regulation.
Juridical Analysis of the Determination of Severance Pay for Employees Who Submit Resignations Based on Law No. 13 of 2003 on Employment and Law No. 11 of 20 2020 On Job Creation Febriyanti Irzansyah; Bernat Panjaitan; Nimrot Siahaan; Risdalina Siregar
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5241

Abstract

The purpose of this study is to find out about the determination of severance pay for employees who resign based on Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation. The method used in this study is normative juridical research method. Normative juridical research is legal research conducted by examining library materials or secondary data. In addition to using library materials, researchers also use statutory provisions related to the issues discussed in this article. The results of this study show that the determination ofseverance pay for employees who resign based on Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation is for employees who resign are not entitled to severance pay, but the employee is entitled to reimbursement and split money as stipulated in both laws. 
Legal Aspects Regarding the Validity of Electronic Signatures (DIGITAL SIGNATURE) as Evidence of Electronic Sigit Ardiansyah; Abdul Hakim; Maya Jannah; Risdalina Siregar
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5163

Abstract

The purpose of this research is as a tool for developing a law that is accompanied by technological advances and causes the switch from the use of conventional signatures to electronic signatures ( Digital Signature ) and can find out how the position or validity of an electronic signature as evidence of electronic transactions before the law. By using normative juridical research methods, or research based on a legal norm, it can be concluded that the legal power of proving electronic documents signed with electronic signatures and used by legal subjects in making an agreement, it can be stated that electronic signatures can be used as proof of transactions electronically and obtain a legal position before the law, as stated in article 5 paragraph 1 of Law Number 11 of 2008 As amended by Law Number 19 of 2016 concerning Electronic Information and Transactions, it is explained that an Electronic Information or Document and its printout is legal evidence before the law. As long as the signature has 3 conditions, namely the existence of identity, integrity and no denial
The Legal Aspect of Cancellation of a Marriage Due To Formed Identity (Case of Decision Number 586 / PDT.G / 2014 / PN. JAKSEL) Riki Afri Rizki; Sriono Sriono; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1972

Abstract

This article examines the legal aspects of the cancellation of marriage due to identity forgery based on the case of the South Jakarta District Court Decision Number 586 / PDT.G / 2014 / PN.JAKEL , this is regulated in Law number 1 of 1974 concerning Marriage. This research uses normative juridical research, which refers to the provisions of positive laws and regulations in Indonesia among the laws and regulations on Marriage by knowing the procedures of the marriage law and making it a guide in resolving problems in society. The results of the study found indicators of legal aspects between husband and wife that arise because of marriage between them. AThere are different nationalities, so that it becomes a study of International Civil Law and mixed marriage problems in Indonesia between Jessica Iskandar and Ludwig Frans Willibald regarding the validity of the marriage certificate so that it can be canceled and legal consequences after marriage cancellation. So there are important things that need to be considered if there is someone foreigners or non-citizens of Indonesian citizens who will conduct a mixed marriage with an Indonesian citizen. The marriage procedure is regulated in the Implementation Regulation of the Marriage Law, namely Government Regulation No. 9 of 1975 So that there are important things that need to be considered in the applicable marriage law, it should be known about the legal aspects and legal consequences according to the legal aspects in Indonesia. 
Legality of Execution of Collateral Based on Electronic Mortgage Certificate in Bank Credit Agreement Sriono Sriono; Kusno Kusno; Risdalina Risdalina; Wahyu Simon Tampubolon; Indra Kumalasari M.
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 1 (2021): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i1.1532

Abstract

This study aims to analyze the legality of the electronic certificate of mortgage in the context of executing the guarantee if the debtor defaults or defaults if there is a data error in the bank credit agreement. The method used in this research is the literature method with reference to the normative juridical method, namely using data sourced from secondary legal materials, namely from the prevailing laws and regulations in Indonesia. The regulations used as material are the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 concerning Electronically Integrated Mortgage Services. The research results show that the certificate generated from the electronic mortgage registration system has executorial power because the mortgage certificate contains the sentence for Justice Based on the One Godhead. The sentence shows that the mortgage certificate can be used as a tool for executing collateral if the debtor defaults or defaults to pay without a court order. Sentences for Justice based on the One Godhead are equated as a judge's decision in a court. If there is a data error in the certificate and no changes are made, the execution cannot be carried out and the certificate can be canceled and the agreement in guarantee can also be canceled.
Legal Study on the Establishment of Ibtidaiyah Madrasah (Mi) Ar-Ridho, Tanjung Mulia Village, Kampung Rakyat District, Labuhan Batu Selatan Regency Based on Law No 28 Year 2004 Concerning Amendment to Law Number 16 Year 2001 Concerning Foundations Muhammad Muiz Hariansyah Hasibuan; Bernat Panjaitan; Nimrot Siahaan; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.4610

Abstract

This research was conducted to find out about the establishment of Madrasah Ibtidaiyah Ar-ridho, Tanjung Mulia Village, Sub-District of Kampung Rakyat, South Labuhanbatu Regency based on Law No. 28 of 2004 concerning Amendments to Law No. 16 of 2021 concerning Foundations. This research method The research method used by the author is an empirical normative research method, where this research uses the incorporation of normative legal elements and is then supported by adding data from field research. The approach taken by the author is an empirical juridical approach, namely an approach taken by looking at the reality that exists in practice in the field. This approach is also known as a sociological approach which is carried out directly in the field. This research was conducted on Protocol No. 01 Dusun Rantau Kapal Tanjung Mulia Village, Kampung Rakyat District, South Labuhanbatu Regency. This research was reviewed based on compliance with the Regulation of the Minister of Religion of the Republic of Indonesia Number 14 of 2014 concerning the Establishment of Madrasas organized by the Government and Madrasah Penegrian Organized by the Community.
Mediating Role of Employee Readiness to Change in the Relationship of Change Leadership with Employees' Affective Commitment to Change Daud Yusuf Simanjuntak; Kusno Kusno; Ahmad Ansyari Siregar; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6247

Abstract

Joint assets are assets obtained by a husband and wife as long as they are bound by a marriage rope, or in other terms it is explained that gono-gini property is property obtained by means of syirkah between husband and wife which causes an association of one property with another other assets and cannot be separated or differentiated anymore. In this writing, the author conducts research using the type of empirical normative research, where the author combines library data such as books, laws, combined with field research based on facts obtained in the field. The legal consequences in a divorce, in this case what is most felt is every husband or wife regarding the issue of joint property. As for the division of joint property which in this case is carried out, if the husband or wife is divorced, then for that they can claim that their rights to the assets obtained can be owned. As for this case, according to the provisions contained in Article 37 of Law no. 16 of 2019 on the amendment to Law no. 1 of 1974 concerning Marriage, then regarding the distribution of joint property, it must be given to the parties concerned, which is the husband or the wife.after the establishment of a new policy by the management team.
Judges' Considerations in Assessing the Criteria for Class Action Lawsuits during the Covid 19 Pandemic Based on Supreme Court Regulation Number 1 of 2002 concerning Class Action Lawsuits (Study of Decision Number: 581/Pdt.G/2020/Pn/Mdn) Sahala Pardamean Harahap; Risdalina Risdalina; Indra Kumalasari M
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6156

Abstract

This study aims to determine the judge's considerations in assessing the criteria for Class Action lawsuits in accordance with Supreme Court Regulation No. 1 of 2002 concerning Class Action Lawsuit Procedures. This research is descriptive normative legal research with a case approach. This study uses the types and sources of legal materials consisting of primary legal materials and secondary legal materials. The Class Action lawsuit filed must be examined first and must meet the criteria for a class action lawsuit before the trial is held. The lawsuit in the Decision has met the three criteria for a Class Action lawsuit in the Supreme Court Regulation Number 1 of 2002 concerning Class Action Lawsuit Procedures. Based on the results of the research and discussion, it can be concluded that the lawsuit filed in the decision has met the criteria for a Class Action lawsuit, but there are differences in the fulfillment of the class action criteria in the decision, including the criteria for numeriousity, commonality and typicality, and adequacy of representation. The legal consequences if the lawsuit does not meet the criteria to be examined as a Class Action lawsuit, namely the lawsuit is declared invalid, the case examination is terminated, the lawsuit is declared unacceptable, and the losing party is punished to pay the court costs incurred.
Co-Authors Abd. Hakim Abdul Hakim Abdul Hakim Abdul Hakim Abdul Hakim Ahmad Ansyari Siregar Ahmad Ansyari Siregar Ahmad Badawi harahap Ahmad Hariandi Ali Djamhuri Amarullah Siregar Amri, Helmika Suradi Bernat Panjaitan Bernat Panjaitan Bernat Panjaitan Bernat Panjaitan Danu, Herman Daud Yusuf Simanjuntak Dewi Patima Hutagalung Dona Antonio Eko Kuntarto Elviana Sagala Elviana Sagala Fajri, Agus Fatria Dewi Febri Kurniawan Febriyanti Irzansyah Firmansyah Firmansyah Fisheri Nasution, Fajar Gusria Amara Haziratul, Haziratul Qudsya Hefa Ruspita Indra Kumala Sari M Indra Kumala Sari M Indra Kumala Sari Munthe Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M. Irma Shintia Kumaralo Junus, Nasran Khairani Amalia Tambunan Kumalasari M, Indra Kumalasari Munthe, Indra Kumalasari, Indra Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Lia Fazira Lisa Ayu Ningsih M, Indra Kumalasari Maulana Putra Maya Jannah Maya Jannah Maya Jannah Muhammad Fadlan Muhammad Faisal Muhammad Fauzan Hasibuan Muhammad Muiz Hariansyah Hasibuan Muhammad Rizkiyawan Rafiyanto Muhammad Yusuf Siregar Muhammad Yusuf Siregar Muhammad Yusuf Siregar Mukhsin Juniardo Siregar Munthe, Indra Kumalasari Nimrot Siahaan Nimrot Siahaan Nisak, Khairun Panjaitan, Bernat Parlindungan Siregar Poriaman Poriaman Poriaman, Poriaman Pratama Sitepu, Edi Prihartono Prihartono Rahmad Ramadhan Rambe, Sapani Martua Retni Ayu Syafitri Riki Afri Rizki Sahala Pardamean Harahap Sakti Gunawan Nasution Santi Rambe SAPUTRA, RYAN Sidabutar, Alcapon Sigit Ardiansyah Siregar, Putri Habibah Sopian Sopian Sri Mutiah Ulfa Sriono Sriono Sriono Sriono, Sriono Syahyunan, Hengki Tambunan, Haris Nixon Tampubolon, Lorent Tondi Rivaldi Munthe Wahyu Simon Tampubolon Wahyu Simon Tampubolon Yantoro, Yantoro Yusnaidar Yusnaidar Zainal Abidin Pakpahan Zuwena Apdolipah