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Yunus, Nur Rohim
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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Urgency of Akad as Sharia Economic Consumer Protection Against Rahn Transaction Ika; Yunus, Nur Rohim
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3570

Abstract

This study aims to determine the urgency of the pawn transaction akad (agreement) between consumers and sharia pawning institutions. The conceptual approach is the approach used in normative research, as well as the analytical approach needed in normative research. Primary sources are taken from books, journals, proceedings, statutory regulations, and Islamic economic law. The results of this research show that the protection of customers of rahn transactions (pawning) is a very important part of applying the principle of pleasure and the principle of justice between debtors and creditors as outlined in a written form called a contract (akad) or agreement. Customer protection can occur, if the harmonious and legal conditions of the contract (contract) are fulfilled by implementing the principle of equality and equality (al-musawah), in which the parties who contract an agreement have a very close relationship to fulfill their rights and obligations, of course. done by both of them for the performance in the contract to be effective.
Contribution of Law and Religious Principles to Eliminating Corruption Culture Hidayat, Asep Syarifuddin; Yunus, Nur Rohim; Helmi, Muhammad Ishar
Mimbar Agama dan Budaya Vol 39, No 1 (2022)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/mimbar.v39i1.31805

Abstract

Damage will hit the people of a country when corruption has become a culture. However, religion as a way of life for the people is able to contribute to dampening this culture of corruption, so that it can save people from the destruction of their culture of life. The method used in this study is a qualitative method with a literate approach. The results of the study stated that religion greatly contributed to reducing the culture of corruption. However, there are still challenges for religion to be able to contribute to reducing the culture of corruption, including the limited involvement of religious leaders in political issues, religious differences, lack of coordination between religious institutions and the government, cultural and social environmental factors, lack of supervision and strict law enforcement. In addition, there are limitations of religious leaders in their mastery of general science and technology.Keywords: Corruption Culture; Religion; Contribution
The Impact of the Constitutional Court's Decision on the Revocation of Authority of the Prosecutor submits a Judicial Review Yunus, Nur Rohim; Suhendar, Suhendar; Rezki, Annissa
JOURNAL of LEGAL RESEARCH Vol 5, No 1 (2023)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v5i1.31993

Abstract

The right to justice, and human rights more generally, requires the filing of a judicial review (PK) in Indonesia. A judicial review (PK) can be requested by an individual who believes that his rights have been infringed or that the court's judgment is incorrect. The cassation decision can be challenged in court by either the convicted person or the prosecution if they believe it violates basic principles of fairness and legal certainty. However, the Constitutional Court can in its decision revoke the prosecutor's authority to submit a judicial review (PK) because it is considered contrary to human rights, especially in terms of recognition, guarantees, protection and fair legal certainty and equal treatment before the law. This study used a qualitative research method with a statutory and literature approach. The results of the study stated that it was very important for the prosecutor to have the right to submit a judicial review (PK) on the cassation decision of the Supreme Court which was deemed not to have fulfilled legal certainty and justice for the victim and the state. If this is omitted, it will cripple law enforcement. The reason for submission, guarantee, protection and legal certainty for the convict cannot be fully recognized, because there are still rights to guarantee, protection and legal certainty for the victim and the people of Indonesia which must also be maintained and respected. 
Dysfunction and Deviation in the Role of Foundation Organs in Indonesia Mukri, Syarifah Gustiawati; Aji, Ahmad Mukri; Yunus, Nur Rohim
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 11, No 1 (2024): Spring Edition
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45718

Abstract

Foundations, as non-profit legal entities, play a crucial role in supporting social, educational, religious, and humanitarian activities in Indonesia. However, in practice, many foundations still fail to carry out their organisational functions in accordance with applicable legal provisions. This study aims to analyse in depth the roles and tasks of trustees, Management, and Supervisors of foundations, as regulated in Law No. 28 of 2004, an amendment to Law No. 16 of 2001. It seeks to identify the causes of deviations and structural dysfunction in the management of foundations. This study employs a qualitative, juridical-normative, and empirical approach, utilising data collection techniques that include literature reviews and interviews with representatives from several foundations in Indonesia. The study's results indicate that a gap remains between legal norms and their implementation in the field, particularly in areas such as abuse of authority, conflicts of interest, and inadequate internal supervision systems within foundations. This is due to a lack of understanding of the role of each organ and suboptimal supervision by the Trustees and Supervisors. Therefore, efforts are needed to strengthen institutional and regulatory capacity, as well as legal education for foundation actors, to improve the governance and accountability of foundations sustainably.Keywords: Foundation; Trustees; Management; Supervisor; Law No. 28 of 2004; Non-Profit; Governance
Responsibility of Foundation Management towards Third Parties Based on Law Number 28 of 2004 Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 11, No 2 (2024): Summer Edition
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i2.45756

Abstract

A foundation as a non-profit legal entity has a vital role in carrying out social, religious, and humanitarian activities. However, many foundations carry out business activities to support operational costs. This has raised debates regarding the limits of business activities permitted for foundations, especially after the enactment of Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations. This study aims to analyse legal provisions related to the limits of foundation business activities and evaluate the legal consequences for foundations and administrators who exceed the limits of business activities stipulated in laws and regulations. The research method used is normative legal research with a statutory and conceptual approach. The data sources include laws, legal documents, jurisprudence, and relevant scientific literature. The analysis of legal norms and foundation management practices related to business activities was conducted qualitatively. The study results indicate that Law No. 28 of 2004 explicitly limits foundation business activities only through business entities established by or owned by foundations, as long as the results are used to achieve the foundation's goals. Violating these provisions, such as conducting business activities directly without going through a business entity, can result in legal consequences, including freezing or dissolution of the foundation and personal liability of administrators abusing their authority.Keywords: Foundation; Business Activities; Legal Liability; Administrators, Law No. 28 of 2004.
Legal Implications Regarding Changes to The Foundation's Articles of Association according to Law Number 28 of 2004 Yunus, Nur Rohim; Aji, Ahmad Mukri; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 11, No 1 (2024): Spring Edition
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i1.45722

Abstract

This study aims to analyze the legal implications of changes to the foundation's articles of association, based on the provisions of Law No. 28 of 2004, which amends Law No. 16 of 2001 concerning Foundations. This study employs a qualitative method with a normative legal approach, grounded in a comprehensive examination of laws and regulations, jurisprudence, and relevant scientific literature. The study's results indicate that changes to the foundation's articles of association have a direct impact on the legality of the foundation's organs, the validity of legal relations with third parties, and the potential for legal sanctions if the specified procedures are not followed. The provisions of Law Number 28 of 2004 emphasise the importance of an accountable and transparent organisational structure through a change mechanism that must be legally registered and approved. Failure to comply with this procedure can result in the cancellation of legal actions, the invalidity of deeds, and weaken the foundation's social function in society. Therefore, understanding and socialising the law to foundation administrators is an important step to prevent violations, while ensuring the sustainability of the foundation as a non-profit institution that serves the public interest.Keywords: Foundation; Articles of Association; Changes; Legal Implications; Law Number 28 of 2004
Dissolution of Foundations Based on Law No. 28 of 2004: Legal Analysis and Practice in Indonesia Yunus, Nur Rohim; Aji, Ahmad Mukri; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 11, No 3 (2024): Autum Edition
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i3.45758

Abstract

Foundations as non-profit legal entities strategically support social, religious, and humanitarian activities in Indonesia. However, in practice, many foundations experience stagnation, deviations from their goals, or are misused, requiring dissolution. This study aims to analyse the legal provisions regarding the dissolution of foundations as stipulated in Law Number 28 of 2004 concerning Foundations, and to evaluate the practices and obstacles in their implementation in the field. The research method used is normative legal research with a statutory and conceptual approach. Data were reviewed through a literature study of relevant laws and regulations, jurisprudence, and previous research results related to the dissolution of foundations. The study results indicate that the dissolution of foundations is regulated normatively in Articles 62 to 71 of the Foundation Law, which include dissolution due to the expiration of the term, the objectives achieved, or based on a court decision. However, in practice, many foundations still do not carry out the dissolution process under legal provisions, including weak supervision, minimal understanding of the law by the management, and suboptimal reporting and liquidation mechanisms. In addition, there is no transparent and accountable system in managing the remaining assets of dissolved foundations.Keywords: Foundation; Dissolution; Foundation Law; Legal Entity; Liquidation
Analysis of the Legal Status of Foundations as Legal Entities in Indonesia Based on Law Number 28 of 2004 Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 12, No 1 (2025): Spring Edition
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45674

Abstract

This study examines the legal status of foundations, the legal implications of foundation management exceeding its authority or failing to fulfill its duties, and the obstacles to enforcing the law against foundations that deviate from their obligations. The background of this study is based on the importance of foundations as non-profit legal entities in social, religious, and humanitarian activities. However, there are often deviations in management that are detrimental to the community and undermine the foundation's goals. The study employs a qualitative method, combining a literature-based approach with a normative legal approach. Data were obtained from a comprehensive literature study, encompassing legal literature, scientific journals, laws and regulations, as well as the opinions of legal experts. Law No. 28 of 2004 was analysed in a normative legal manner, focusing on the legal status of foundations and their legal implications. The results of the study indicate that Law No. 28 of 2004 provides legal protection for foundation assets, ensuring that they are used exclusively for social, religious, and humanitarian purposes. However, foundation management can be held personally liable if they abuse their authority or are negligent in their duties. The study also identified obstacles to enforcing the law against foundations that deviate, including weak government supervision, unclear authority between agencies, and a complex bureaucracy. This study emphasises the importance of strengthening effective regulation and oversight so that foundations can carry out their functions by the objectives of their establishment, providing legal certainty and optimal protection for both the community and the foundation itself.Keywords: Foundation; Legal Entity; Legal Status
Legal Review of Foundation Assets in Law No. 28 of 2004: Protection and Management of Foundation Assets Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 11, No 3 (2024): Autum Edition
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i3.45761

Abstract

A foundation is a non-profit legal entity with a strategic role in the social, educational, and humanitarian fields. The existence of foundation assets is the main backbone in ensuring the continuity of its activities. However, practices in the field show various problems such as misuse of assets, non-transparent management, and weak supervision and legal protection of these assets. This study aims to analyse the legal provisions in Law No. 28 of 2004 concerning Foundations, especially regarding asset protection and management, identify practices and challenges foundations face in managing their assets, and provide recommendations for improving relevant regulations and administration. This study uses a qualitative method with a normative and conceptual legal approach. Data sources were obtained from laws and regulations, legal literature, scientific journals, and case studies of foundation dissolution in Indonesia related to asset management. The analysis was carried out by reviewing the applicable legal provisions and reflecting them on factual practices in the field. The study results indicate that although Law No. 28 of 2004 has regulated the prohibition of profit sharing to foundation trustees, administrators, and supervisors, and stipulates provisions regarding the origin of assets and their use, there are still weaknesses in the implementation and supervision mechanisms. Several cases show irregularities by foundation administrators and weak legal protection for donors and beneficiaries. Therefore, there is a need for strengthening regulations, increasing transparency, and more effective supervision from the Ministry of Law and Human Rights and professional third parties. This study is expected to be an academic and practical contribution in improving the governance of foundation assets in Indonesia.Keywords: Foundation Assets; Protection; Management
The Relations of Politics, Law, and Economics in a Social Philosophy Perspective Abdurrahman, Abdurrahman; Yunus, Nur Rohim; Setiawan, Refly
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 12, No 1 (2025): Spring Edition
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45728

Abstract

The relationship between politics, law, and economics forms the main foundation in the dynamics of national and social life. These three elements not only influence each other structurally but also create a power structure that directly affects the distribution of social justice, policy-making, and the functioning of state institutions. This study aims to examine in depth how the relationship between politics, law, and economics is formed, implemented, and questioned through a social philosophy approach, and how this approach can open up space for criticism of the structural inequalities that occur. The research method used is qualitative with an interdisciplinary approach that combines political, legal, and economic analysis within a social philosophy framework. Data were obtained through a literature review of critical philosophy, social justice theory, and relevant empirical studies. The analysis was carried out reflectively and thematically on concepts such as power, justice, law as an ideological instrument, and political economy in the context of the state. The results of the study reveal that the relationship between politics, law, and economics is often constructed to maintain the dominance of certain groups, rather than achieving social justice. Law is not always neutral, but usually becomes a tool for legitimising economic and political power. Politics also does not always run within the framework of democratic participation, but is often controlled by market interests. Social philosophy plays a crucial role in dismantling these power structures and providing ethical and critical perspectives to promote policy reform and social stability.Keywords: Social philosophy; political law economy; social justice; power; public policy
Co-Authors A Salman Maggalatung, A Salman Abbas Sofwan Matlail Fajar abd rahman dahlan Abdurahman Abdurrahman Abdurrauf Abdurrauf Abu Tamrin Achmad Irwan Hamzani Afidah Wahyuni, Afidah Afrinal Afrinal Ahmad Fadli Fathurrohman Ahmad Mukri Aji Al-Fatih, Solahudin Aliyeva Patimat Shapiulayevna Aliyeva Patimat Shapiulayevna Aliyeva Patimat Shapiulayyevna Ananda Mardhotillah Andri Gunawan Andri Gunawan Anggraeni, RR Dewi Anggraeni, RR. Dewi Annissa Rezki Annissa Rezki Annissa Rezki Annissa Rezki Annissa Rezki Annissa Rezki Aravik, Havis Arif Mohamad Azhar Annas Arrois, Syaiful Makhi Ula Asep Syarifuddin Hidayat, Asep Syarifuddin Atep Abdurofiq Atep Abdurofiq, Atep Azizah Azizah BAMBANG ALI KUSUMO Desi Purnama Dianna Primadianti Dien Noviany Rahmatika Disemadi, Hari Sutra Dwi Putri Cahyawati, Dwi Putri Dwi Sulastyawati Dwi Sulastyawati Dwi Sulastyawati Dwi Sulastyawati, Dwi Faiqatul Husna Faiqatul Husna Fathinuddin Fathinuddin Fifik Wiryani Fina Raihani Fitria Esfandiari Fitriyani Zein Fitriyani Zein Frida Aprillia Wahjudi Gilang Rizki Aji Putra Gilang Rizki Aji Putra Hamlan Andi Baso Malla Harisah, Harisah Havis Arafik Helvis, Helvis Hikmatiar, Erwin Ida Susilowati Ika Ika Atikah Imam Fachruddin Imam Fachruddin Indithohiroh, Rosa Intana Sari, Tiara Irfan Hielmy Karmawan Karmawan Karmawan karmawan karmawan Khaeruddin Yusuf Kusniawati, Kusniawati Latipah Nasution Latipah Nasution Mahmudi, Abdul Halim Malla, Hamlan Andi Baso Mara Sutan Rambe Mesraini Mesraini Muhamad Soleh Muhamad Soleh Muhammad Ali Hanafiah Selian Muhammad Ishar Helmi, Muhammad Ishar Muhammad Nasser Muhammad Sholeh MUHAMMAD SHOLEH Muhammad Sholeh Mukhlas, Umlina Muttaqin, Ahmad Izza Najih, Mokhammad Nasution, Latipah Noor Prasetyo, Said Novi Rizka Amalia Nur Oktaviana, Ulfah Nur Putri Hidayah Nurul Ummah Putra, Gilang Rizki Aji Rahmad Lubis Rahmad Lubis Rahmi Agustin Raihani, Fina Ratna Herlina Refly Setiawan Refly Setiawan Rezki, Annissa Rohmah, Siti Ngainnur Rosdiana Rosdiana Rulia Feriera Saptaning Ruju Paminto Sholahuddin Al-Fatih SIAGIAN, AMRIZAL Siti Marwiyah Siti Ngainnur Rohmah Siti Nurhalimah Siti Nurhalimah Siti Nurhalimah Siti Romlah Siti Romlah Siti Romlah Sofwan, Abbas Suhendar Suhendar Suhendar Suhendar, Suhendar Surya Anoraga Syarifah Gustiawati Mukri Taryono Taryono Taryono Taryono Tavia Yuga Ayutia Trini Diyani Trini Diyani Umlina Mukhlas Wicaksono, Galih Wasis Yan Kahnovich Yunasril Ali Yusman Yusman Yusman, Yusman Yusuf, Khaeruddin Zahrotunnimah Zahrotunnimah Zein, Fitriyani