Garuda - Garba Rujukan Digital

SEJARAH HAK MILIK INTELEKTUAL DALAM ISLAM Triyanta, Agus
Al-Mawarid Jurnal Hukum Islam Vol 9 (2003): Hak Kekayaan Intelektual
Publisher : Islamic University of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

The writing below traces the history of the intellectual property rights in Islam. The concept of the intellectual property rights originates from a liberal system that ignoring exclusively the free supply and demand process. According to the writer, that Islam does not reject the urgent of the intellectual property rights because of many reasons but Islam offers the balance between the individual property rights and the rights of society in terms of protecting the intellectual property rights. In this regard, the principles of justice and social in implementation the protecting of intellectual property rights should be developed. So in the context of the strategic sources of economic, the government and muslim institution should take over the copy right.

Penyelesaian Sengketa Bisnis Keuangan Islam Melalui Pengadilan di Malaysia dan Relevansinya dengan Indonesia Agus Triyanta; Rusni Hassan
Jurnal Hukum IUS QUIA IUSTUM Vol. 15 No. 2 (2008)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol15.iss2.art4

Islamic financial transactions, particularly in Islamic banking business, is a new mode of financial transaction in the nomenclature of the law of contracts. Different from conventional financial transactions which have been established for a long time, Islamic financial transaction is a newly introduced and is still evolving to find out its ideal form. Having said this, dispute settlement for cases arising from the Islamic financial transactions certainly need sufficient attention from the judicial authority in Indonesia. If for about fiveteen years dispute settlement in this matter was under the authority of the Shariah Arbitration Panel (Basyarnas), today, this dispute settlement can be brought to the court of juctice. It is made possible by virtue of the issuance of the Act no. 3 of 2006 on Religious Court and also the approval of the bill of Shariah Banking Act by the members of parliament. This fact suggests that for Indonesia necessary preparations pertinent to the court sistems to be rady in hadling the cases are strongly demanded. In this situation, Malaysia’s experiences in matters pertinent to dispute settlement of Islamic financial business through the court is a good case to be learned.

Implementasi Kepatuhan Syariah dalam Perbankan Islam (Syariah) (Studi Perbandingan antara Malaysia dan Indonesia) Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol 16, Edisi Khusus 2009
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Since the compliance towards shari’ah principles is mandatory in Islamic banking, the shari’ah advisory and supervision is another important aspect. It is also said that the shari’ah advisory and supervision is part and parcel of shari’ah compliance. In this regard, the regulation on shari’ah advisory or supervision, which also covers the role of shari’ah board, shall occupy the central part within the shari’ah compliance regulatory framework. In light of the abovementioned reasons, the research and discussion on shari’ah compliance, together with the role of the shari’ah board is very demanding and relevant to the current problems in the Islamic banking business. This paper will focus on the regulatory framework of the shari’ah compliance and its implementation in Islamic banking in Malaysia and Indonesia. Through the comparison between the two countries, some advantages will be identified.Particular reference should be made to the regulations and their implementation in the Islamic banking in Malaysia and Indonesia since there are few valuable considerations. Malaysia experienced the advanced development of Islamic banking compared to the rest of the Asian Muslim countries in the Southeast Asia region. The both countries are moslem dominated countries, and also, they share in the affiliation to Shafi’i Madhhab.Key word: compliance shari’ah, the Islamic banking

Gharar; Konsep dan Penghindarannya pada Regulasi Terkait Screening Criteria di Jakarta Islamic Index Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol. 17 No. 4 (2010)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol17.iss4.art6

One of the main aspects that distinguishes a convensional capital market and a syariah capital market is whether there is or is not the speculative element or, in the Islamic law terminology, known as gharar, in the offered business instrument. This research is meant to reveal on how the gharar concept in Islamic financial law, as well as how the concept being implemented in Screening Criteria in Jakarta Islamic Index (JII), Indonesian syariah capital market. This research has compiled different kinds of data in the form of norm and regulation both from Islamic law and governmental institution which is responsible to the capital market. The data, then, was analyzed qualitatively through interpretation. The result has concluded that generally, gharar found in Islamic law, is meant that ther is a hidden element which could cause a disadvantage or a danger from the involving side in a transaction while the syariah criteria for the screening process of JII has two aspects; a company in JII is the company that does not have a business related to the transaction of ribawi, gharar, and gambling (maysir). Second, the transaction done in JII must be fulfilled the principle of fully care (ihtiyath), not speculative or manipulative (dharar, gharar, riba, maisir, rishwah, and kezaliman/tyranity).Key words : Gharar, screening criteria

Fatwa dalam Keuangan Syariah: Kekuatan Mengikat dan Kemungkinannya untuk Digugat Melalui Judicial Review Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 1: Januari 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss1.art1

The main problems of this research are: first, the conceptual definition of fatwa in Islamic law in general and sharia financial law specifically; second, the legality or binding force of fatwa in sharia economic law; and third, the possibility of judicial review for fatwa issued by National Sharia Board (DSN). This research is a normative juridical study based on the primary, secondary, and tertiary legal sources. The conclusion drawn in this research is: first, fatwa is a legal opinion issued by an individual or a particular institution which has purpose or function to present any opinions regarding the matters related to life aspectsby considering the sharia principles or Islamic doctrines; second, the legality of fatwa appears due to the statement of the existing regulation stating that only fatwa issued by DSN which becomes the reference of sharia banking businesses. Even if DSN is considered as a non-government institution due to which its regulatory products do not have binding force unlike the regulations issued by the governmental institutions in general, fatwa still has its own binding nature, though substantively it is due to the existence of the Regulation of Bank of Indonesia related to the sharia banking provisions since if there is anything regarding sharia matters, Bank of Indonesia shall adopt the DSN fatwa. Third, as the consequence of the binding force, in which the government regulation might be legally reviewed, fatwa is also possible to be an object of a request for judicial review.

Problematika Pengelolaan Tanah Wakaf: Konsep Klasik dan Keterbatasan Inovasi Pemanfaatannya di Indonesia Agus Triyanta; Mukmin Zakie
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 4: Oktober 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss4.art4

This study raises the issue on; first, how is the classic concept of waqaf land and the use of waqaf land in Islamic law or muamalah jurisprudence? Secondly, how is the utilization of donated land and its contribution to the welfare of the people in Indonesia? This is a normative study combined with field research. The data were collected through literatures, documentation studies, observations, and guided interviews. The study concluded; first, institution or charitable institutions have a role in the history and civilization of Muslims. Various institutions have functioned to serve as a dissemination of science and culture, and provide spaces for scholars, jurists and humanists to develop their knowledge and skills. Secondly, the use of donated land in Indonesia is dominated for the purposes of a place of worship, school infrastructure, other social endowments, land burial and educational boarding schools.

Pornografi dalatn Hukum Barat dan Hukum Islam^ (Kontribusi Konseptual bagi Pengaturan Pornografi dan Pornoaksi dalam Hukum Positif) Agus Triyanta; Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol. 10 No. 24: September 2003
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol10.iss24.art1

In Islamic perspective, interpretation of pornography has correlation to the body. It means that it is something forbidden and it must be covered. It is certainly very quite different from the secular terminology, Islam denotes directly kinds or variation of forbidden deed in moral context or characters so that prohibition in Islam is fixed and clear. It has no correlation to the standard of society or the deed deals with the sexuality. The principle of sexual in Islam therefore could not change as easy as the perception of people on pornography.

Pornografi dalatn Hukum Barat dan Hukum Islam^ (Kontribusi Konseptual bagi Pengaturan Pornografi dan Pornoaksi dalam Hukum Positif) Agus Triyanta; Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol. 10 No. 24: September 2003
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol10.iss24.art1

In Islamic perspective, interpretation of pornography has correlation to the body. It means that it is something forbidden and it must be covered. It is certainly very quite different from the secular terminology, Islam denotes directly kinds or variation of forbidden deed in moral context or characters so that prohibition in Islam is fixed and clear. It has no correlation to the standard of society or the deed deals with the sexuality. The principle of sexual in Islam therefore could not change as easy as the perception of people on pornography.

Membangun Kembali Aceh: Reinvigorasi Syariat Islam Pasca Mahkamah Syariah Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol. 12 No. 29: Mei 2005
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol12.iss29.art4

Reconstruction of Aceh Darussalam as a potential momentum to strengthen the application of Islamic Syariah is significant, because Islamic Syariah as a legal system relates to law enforcement It includes three aspects such as state apparatus, substantial law, and development of legal culture.

Menegakkan Syariah Compliance dalam Pasar Modal Syariah Agus Triyanta
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 25: Januari 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol11.iss25.art4

In view of common people, every financial institution is almost called as a bank, and their image about bank is creditor, and the creditor is usury. Based on this assumption, the breakthrough opening syariah (Islamic law) stock exchange in which it is far from the usury and the substance of proscribed. Itis the handicaps for all Islamic business as well as the appropriate moment to wake the Moslem consciousness an the importance and legality of business through investment and as the other alternative of the economic system.

Title

Found 27 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 27 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 27 Documents
Search