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All Journal Jurnal Hukum Novelty Jurnal IUS (Kajian Hukum dan Keadilan) Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang International Journal of Educational Research and Social Sciences (IJERSC) JURIS (Jurnal Ilmiah Syariah) Mazahib: Jurnal Pemikiran Hukum Islam
suwadi, pujiyono
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Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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 1 
Legal Reform of Zakat Management Based on Personal Data Protection Law in Indonesia Rahmatullah, Indra; Suwadi, Pujiyono; Purwadi, Hari
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.5917

Abstract

This article proposes the idea of accommodating the concept of personal data protection in zakat management law in Indonesia. It is because the Zakat Management Organization and online platforms that facilitate zakat payments online still need legal certainty regarding collecting, using, and reporting personal data about zakat payers (muzakki). There needs to be more clarity on the types of muzakki's personal data that can be collected and reported by Zakat Management Organization and online platforms to the government, which creates the potential for a muzakki's personal data breach. This article uses normative legal research methods with statutory and conceptual approaches. In conclusion, a mutually agreed-upon personal data protection agreement is required between Zakat Management Organization, the online platform, and muzakki. Therefore, it is necessary to reform the zakat management law to be adaptive to personal data protection by amending Law Number 23 of 2011 concerning the Management of Zakat.
Comparison of the Principle of Freedom of Contract in Land Buying and Selling Between Indonesia and Malaysia Salsabila, Erdhyna‘Afifah; Suwadi, Pujiyono; Suryono, Arief
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.780

Abstract

The transfer of land rights can occur through buying and selling, inheritance, gifting, or exchanging. The process of transferring rights, especially through buying and selling, according to the National Land Law in Indonesia, differs from other countries, such as Malaysia, because Indonesia fundamentally has a different concept of land law compared to Malaysia. The aim of this research is to analyze the comparison of the principle of freedom of contract in land buying and selling between Indonesia and Malaysia. This study employs normative legal research that examines the legal system. Systematic legal research is conducted on written laws or regulations related to the chosen topic. The author uses primary and secondary legal materials. The research results indicate that land buying and selling in Indonesia and Malaysia are in line with and not contrary to the principle of freedom of contract. This is because if an agreement meets the valid requirements, meaning it is made with the agreement of the involved parties, the subject of the agreement is capable of entering into an agreement, the object is clear, and the cause is not prohibited.
Aspek Hukum Rupiah Digital Dalam Transaksi Jual Beli Tanah Kaharap, Nadiya Galang; Suwadi, Pujiyono; Setiyawan, Anang
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 7 No 2 (2024): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/yur.v7i2.21691

Abstract

Digital currency as a transaction medium with the idea of introducing a decentralised currency. The absence of government intervention indirectly can potentially replace the unit of value of legal tender in a country. Efforts were made to anticipate this, and Bank Indonesia developed the Central Bank Digital Currency (CBDC) or digital rupiah as stipulated in Law Number 4 of 2023 concerning The Development and Strengthening of The Finansial Sector. The provision does not explicitly regulate security for digital rupiah users. The research aims to analyse the legal aspects of using digital rupiah as a transaction tool for land sale and purchase payments. The research method used is normative legal research with a statutory and conceptual approach. The development of the digital rupiah is inseparable from various risks, plus the absence of adequate regulations so that digital rupiah cannot be used in land sale and purchase transactions.
The Urgency of Using al-Milk an-Naqiṣ in Geographical Indications: An Ideal Preservation for Intellectual Property in Indonesia Saputro, Triyono Adi; Rumadan, Ismail; Suwadi, Pujiyono; Latifah, Emmy; Syaiful, Muhammad
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.12227

Abstract

This study aimed at explaining the ideal preservation of intellectual property inventions so that geographical indications (GI) products can increase and be highly competitive in the global market. The existence of GI play a vital role in supporting business competition at the national and international trade levels. GI not only provide protection for intellectual property inventions, but also provide legal guarantees of official legality from the government. This study used a conceptual and comparative approach supported by primary legal materials consisting of GI laws combined with texts and fiqh. The research results shows that al-milk an-naqiṣ’s efforts with the al-ibahah type will be an ideal model for preserving GI for intellectual property inventions in Indonesia in the future. This is because al-milk an-naqiṣ, which is varied and implemented in the community, is able to strengthen GI inventions, can last longer, and without any contracts. In addition, there are advantages to be gained by using al-milk an-naqiṣ, such as having different ownership models, no time limit for transferring ownership, and the ability to increase the welfare of the community. For this reason, it is necessary to spread the importance of preserving the al-milk an-naqiṣ model in order to form a legal culture and provide legal protection for intellectual property inventions based on GI so that they will last longer in the market in the future. In addition, this is useful to support the increase of regional per capita income and help reduce unemployment through the implementation of al-milk an-naqiṣ GI products as an ideal solution for the long-term preservation of intellectual property inventions.
Postponement of debt payment obligations through semi-public restructuring Kurniawan, Itok Dwi; Suwadi, Pujiyono; Santos, Jose Gama; Soehartono
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.29480

Abstract

Introduction to the Problem: The COVID-19 pandemic has driven many companies in Indonesia to seek Postponement of Debt Payment Obligations (PKPU) and bankruptcy, highlighting the need for more adaptive legal frameworks. Current PKPU mechanisms are viewed as outdated, failing to address conflicts of interest and broader economic impacts. This research proposes a semi-public restructuring model to enhance fairness and inclusivity. Purpose/Study Objectives: This study analyzes the urgency of deconstructing the PKPU framework by introducing semi-public restructuring, which integrates judicial oversight and equitable consideration for all parties involved. Design/Methodology/Approach: This research includes normative legal research. Data analysis uses descriptive methods, deconstruction hermeneutic approaches, cases, legislation, and deduction-syllogism analysis. The legal materials used in this study consist of primary legal sources such as laws and court rulings, as well as secondary materials such as academic literature and legal commentary. Findings: The findings reveal that implementing a semi-public restructuring model in PKPU cases is essential for creating a more balanced and fair resolution process. Unlike current mechanisms that overly favor creditors, this model offers a comprehensive solution by involving the courts in approving restructuring plans, ensuring that all creditors are treated equally. Additionally, the semi-public restructuring model adapts successful principles from other countries, like the UK, to Indonesia’s legal framework. It is important to understand that semi-public restructuring differs from PKPU, which is commonly affirmed in debt restructuring. Semi-public restructuring goes beyond mere debt adjustment, encompassing broader corporate reorganization. This model can provide legal certainty, maintain business continuity, and promote long-term financial stability by considering broader socio-economic impacts. This semi-public restructuring approach aligns with Indonesia’s Pancasila values and has the potential to make the bankruptcy legal system more adaptive and responsive to the nation’s economic challenges. Paper Type: Research Article
The Concept of Actio Pauliana Creditor Law Bankruptcy Boedel Dispute Process to Achieve Substantive Justice Marpi, Yapiter; Suwadi, Pujiyono; Purwadi, Hari
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1305

Abstract

This Actio pauliana is actually a lawsuit that substantively attempts to confirm that the debtor's legal actions are declared legally invalid if they harm the creditor. In bankruptcy law, actio pauliana is an important instrument so that substantive justice, especially for creditors, can be implemented optimally. This research aims to analyze the substantive justice aspects of actio pauliana in the field of bankruptcy law. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the essence of actio pauliana in bankruptcy disputes is viewed from the aspect of substantive justice, namely that it is aimed at protecting creditor rights, especially when there are debtor legal actions that can harm creditors. Apart from that, Actio Pauliana also emphasizes the restitutive aspect as per the substantive justice concept, namely being able to declare the debtor's actions to have no legal force if the action is detrimental to the debtor and reduces the number of bankruptcy debts as has been determined. In its development, the actio pauliana lawsuit in bankruptcy actually represents the fairness aspect as a manifestation of substantive justice so that in the future the actio pauliana lawsuit will not only represent factual losses, but also include potential losses that directly harm creditors and can be proven fairly and properly
Co-Authors Anang Setiyawan Arief Suryono Emmy Latifah Hari Purwadi, Hari Indra Rahmatullah, Indra Ismail Rumadan, Ismail ITOK DWI KURNIAWAN Kaharap, Nadiya Galang Marpi, Yapiter Muhammad Syaiful Salsabila, Erdhyna‘Afifah Santos, Jose Gama Saputro, Triyono Adi Soehartono