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Tuti Haryanti
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KEWENANGAN PERADILAN AGAMA DALAM PENYELESAIAN SENGKETA EKONOMI SYARIAH Tuti Haryanti
TAHKIM Vol 9, No 1 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i1.90

Abstract

The inception of Act RI No. 3, 2006 on the Religious Courts have strengthened position of Religious Courts as one of the law enforcement institution for the expansion of absolute competence in the resolution of Islamic economics dispute. However, after being passed of the legislation, many rules were also passed that indirectly unripe the authority of religious courts as an authorized institution to resolve the Islamic economics disputes. The norm conflicts occurred between some rules and regulation could not remove the authority of religious courts in resolving the Islamic economics disputes because it based on the Islamic principles. The courts are able to apply the Islamic principles and make the Qur'an, Hadith of Prophet, ijtihad of Islamic jurists as a guide in the court is only the religious courts. So it is a necessity, if the Islamic economic disputes resolved in the religious court because the whole is something has been attached to the Muslim community and moreover the religious courts id for the needs of Muslim community. Keywords: authority, religious courts, resolution of Islamic economics dispute
E-COMMERCE DALAM SISTEM PEMBUKTIAN PERDATA Tuti Haryanti
TAHKIM Vol 9, No 2 (2013)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v9i2.78

Abstract

The development of today's technology makes it easy to make ends meet. But behind the ease of not a few causing problems particularly regarding the validity and completion process extremely difficult, both non-litigation especially in litigation, because the legal relationship is conducted through the virtual world without face-to-face direct (electronic transactions). Agreements that do not qualify subjective (Article 1320 BW) and there is compliance achievement, the agreement is valid, but the legal consequences, which may be requested cancellation. If not requested cancellation to the judge, the agreement remains binding on both parties (the sender and receiver). Conversely, if the objective conditions are not met then, the agreement is null and void. Evidence used in Electronic Commerce is the electronic evidence as stipulated in Law No. 11 Year 2008 on Information and Electronic Technology is an electronic document such as micro film and data storage devices. However, other evidence will still be required, if it can make the light and give confidence in the truth to the judge for an event it is not contrary to the law. Keyword: Electronic Commerce, Evidence, private law.
HUKUM DAN MASYARAKAT Tuti Haryanti
TAHKIM Vol 10, No 2 (2014)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v10i2.57

Abstract

The existence of law in community is most urgent, since the laws regulate the human behavior. Law cannot be separated from community, and otherwise, since in addition to the law have passive function, the law have also active function in controlling any individual actions and always bringing the community into a planned change. The law applicable in community basically come from the community itself and also intentionally burdened upon it, so that the problem/conflict can be minimized. The law applicable should always pay attention to the juridical rules, philosophical principle, the utilities/sociology norms so it does not conflict with the values of life in society. The laws made in community has goal to create peace, tranquility, and order in the community as well as providing the legal certainty. The law objective can be felt in comprehensive in community, if the law can function in community. Thus, the law and community has very significant correlation. The community without law, there will be chaos and arbitrary action, and otherwise the law without community, then the law does not mean at all. Keywords: legal function, community
PENINGKATAN KESADARAN HUKUM PELAKU USAHA TERHADAP SERTIFIKASI HALAL DALAM MENJAMIN HAK KONSUMEN MUSLIM (Studi Kasus Pelaku Usaha Rumah Makan di Batu Merah Kota Ambon) Tuti Haryanti
TAHKIM Vol 12, No 1 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i1.29

Abstract

In the era Globalization consumers are too spoiled by businesses by offering a variety of food, where food or drink is possible to be produced quickly by using a device or tool that is sophisticated, eventually consumers off guard in consuming the products offered in the market although it is not in accordance with the provisions of the Shari'a Islam. The current reality, that the issue of certification of halal food has not been a concern for the perpetrators of the restaurant business in Batu Merah city of Ambon, but the government has responded to consumer concerns by enacting several laws and regulations. But the existence of the regulation is not immediately received, obeyed and implemented by businesses. This type of research used in this study is qualitative. The data used in this study are primary data and secondary data. Overall the data obtained and analyzed qualitatively. The results showed that based on legal awareness indicators show that business house eating Red Stone did not know and understand the rules associated with halal certification. Besides the meaning of halal haram perspective of businesses have experienced a reduction of meaning. Lack of knowledge and understanding of the law implies an attitude/behavior of businesses that tend to not comply with the legislation. Therefore, the legal awareness of entrepreneurs against the Red Stone house eating halal certification is still considered very low. Efforts to raise the legal awareness through the dissemination of business principals of law, religious lectures. Key words: legal awareness, business communities, halal certification
Co-Authors Nur Susmining Harti Hulihulis Ramsay, Sahur