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All Journal Jurnal Perspektif Hukum Akademika : Jurnal Pemikiran Islam Al-Istinbath: Jurnal Hukum Islam
Rahmadany, Rahmadany
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTATION OF INTELLECTUAL PROPERTY RIGHTS WAQF IN THE URBAN SOCIETY OF MEDAN BASED ON MAQASID SHARIAH Rahmadany, Rahmadany; Pagar, Pagar; Khoiri, Nispul; Uwem, Imoh Emmanuel
AKADEMIKA: Jurnal Pemikiran Islam Vol 29 No 1 (2024)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v29i1.7530

Abstract

This study aimed to see the implementation of intellectual property rights (IPR) waqf in urban society from the Perspective of Maqasid Shariah. This research applied a qualitative approach to depict social phenomena and processes in implementing Intellectual Property Rights Waqf in Medan urban communities. The qualitative approach allows researchers to gain deep insight into people's views, attitudes, and understanding of waqf and intellectual property rights. The data collection techniques used were interviews and documentation. The findings show that the implementation of IPR waqf in the urban society of Medan City, from the perspective of Maqasid Shariah, holds great potential for societal development and the promotion of knowledge and innovation. However, clear regulations and guidelines that address the specific challenges of IPR waqf must be established to facilitate its successful execution. Through collaboration and a comprehensive approach, the integration of IPR assets into the waqf framework can bring significant social and economic benefits to the urban society of Medan City. Despite the challenges faced, the implementation of IPR waqf in Medan City holds immense potential for the development and growth of the urban society.
ANALISIS REGULASI PINJOL PADA SENGKETA KONSUMEN YANG BERBASIS KEADILAN Siagian, Asman; Rahmadany, Rahmadany; Istiawati, Sri
Jurnal Perspektif Hukum Vol. 5 No. 2 (2024): Desember 2024
Publisher : Universitas Harapan Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35447/jph.v5i2.1067

Abstract

This study analyzes online lending regulations (pinjol) in the context of justice-based consumer dispute resolution in Indonesia. The increasing number of consumer dispute cases in the financial technology (fintech) lending industry, especially online loans, shows a gap between existing regulations and their implementation in the field. Using a normative legal research method with a statutory and conceptual approach, this study aims to analyze the effectiveness of pinjol regulations in resolving consumer disputes and identify aspects that need to be strengthened to create a more equitable dispute resolution. Data were collected through literature studies and analysis of regulatory documentation related to pinjol and consumer protection. The results of the study indicate that existing pinjol regulations have not been fully able to provide optimal protection for consumers in resolving disputes. There are three main findings that are the main points that need to be highlighted: (1) there is still a lack of clarity regarding effective and efficient dispute resolution mechanisms, (2) weak supervision of unethical collection practices, and (3) lack of harmonization of regulations between relevant authorities in handling pinjol consumer disputes. This study recommends the need to strengthen regulations through: improving dispute resolution mechanisms, increasing supervision, and harmonization of regulations between relevant institutions. The theoretical implications of this study contribute to the development of a fintech regulatory concept that is more oriented towards consumer protection, while its practical implications provide input for policy makers in perfecting more equitable online loan regulations that favor the wider community.
Copyright as a Waqf Object in the Context of Fiqh and Positive Law Sukiati, Sukiati; Rahmadany, Rahmadany; Sebyar, Muhamad Hasan; Harahap, Purnama Hidayah; Man, Yovenska L
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6696

Abstract

This research aimed to analyze the position of copyright as a waqf object from the perspective of fiqh and positive law. This study was literature research with a normative approach. The data collection technique used in this study is the documentation technique. At the same time, the analysis technique in this study used descriptive inductive techniques. The results of this study indicated that copyright is protected by Sharia law. The owner has the right and authority over his or her copyright and is protected by the rules and laws. Copyright as a waqf object is permitted by Islamic law as long as the requirements for a waqf object are met. This is reinforced by the decision of the Indonesian Ulema Council (MUI) number 1 MUNAS/VII/5/2005, which allows Intellectual Property Rights (IPR) as a waqf object. The permissibility of copyright as a waqf object is also supported by positive law, i.e. Law No. 41 of 2004 concerning Waqf and Government Regulation No. 42 of 2006. In addition, copyright as part of IPRs fulfils the criteria of a waqf object, i.e. a valuable asset permissible by Sharia law whose ownership rights are transferrable. Accordingly, IPRs are legally used as a waqf object, and such rights should not be violated.
Co-Authors Harahap, Purnama Hidayah Istiawati, Sri Man, Yovenska L Muhamad Hasan Sebyar Nispul Khoiri Pagar, Pagar Siagian, Asman Sukiati Sukiati Uwem, Imoh Emmanuel