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KEWAJIBAN BANK SYARIAH TERHADAP NASABAH PENYIMPAN DANA AKIBAT INGKAR JANJI MITRA Sisca Ferawati Burhanuddin
JURNAL LITIGASI (e-Journal) Vol 17 No 1 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Islamic Banking is a financial institution using the system for results in return. In shahibul maal of financing that invest capital and mudharib provide capacity and reputation to run the business and share in the results that, if there is a loss shahibul maal will lose their money, and the party will lose his labor mudharib in running the business. The Islamic banks as intermediaries for the parties should be neutral, fair, trustworthy, and responsible in terms of this cooperation. Method is a normative juridical approach namely legal research focuses on the study of secondary data. To strengthen in order to complement the analysis of secondary data, conducted field research to obtain primary data through interviews. Efforts are being made if there is a legal relationship three parties namely shahibul maal, Islamic banks, mudharib have indications of a loss is not limited to oversight, but the process of consensus, and Alternative Dispute Resolution (ADR) to achieve the objectives of cooperation in terms of rescue funds shahibul maal and business activities mudharib , Accountability Islamic Bank is the responsibility of the owner of the normative means in terms of funds requested mudharabah bank to channel funds directly to the business partners, the bank responsible for the extent of liability than the Islamic bank that is in the implementation of business partner management. While the moral responsibility must integrate moral values with economic measures based on sharia. Keywords: Responsibilities, Bank, Sharia, Default.

Civil Law and Juridical Aspects in the Distribution of Marriage Joint Property Sisca Ferawati Burhanuddin
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2127

In a marriage, there is a mechanism that must be borne by both parties if a divorce has occurred, including the distribution of joint property or what we often know as 'gono gini' assets. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the distribution of joint property in marriage is decided based on the Constitution as the legal basis that regulates the mechanism of the divorce process, court decisions require husband and wife to divide their marital property equally. fair and unanimous, because in its stipulations Gono Gini property is an asset that is produced from marriage wealth, the law is absolutely joint property and is used for household purposes, so the conclusion is that the process of dividing joint assets resulting from marriage can be used jointly, but the innate property of each of the proceeds before the legal marriage becomes private property.

Analysis of Notary Deed as a Basic Reference to Evidence in Civil Law Sisca Ferawati Burhanuddin
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (756.937 KB)

The law has regulated the making of a civil deed where in the process the authority of a notary in formulating the making of an authentic deed has obtained a legal position in the eyes of the law. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the function of a notary in the role of making an authentic deed can be accounted for based on the Civil Law Act regulated in Article 1868which states that an authentic deed is a deed made in a form determined by law by or before a public official authorized for that at the place where the deed was made. In addition, authentic deed evidence in civil law is said to have perfect and binding evidentiary power which cannot be denied by the judge's proving power in the trial process in court.

Indigenous Law on Land: How Does the Government Build Constitutional Protection Against Indigenous People Sisca Ferawati Burhanuddin
Jurnal Mantik Vol. 3 No. 4 (2020): February: Manajemen, Teknologi Informatika dan Komunikasi (Mantik)
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jurnalmantik.Vol3.2020.1438.pp799-804

Indonesia has a lot of cultural diversity and abundant natural resources, one of which is found in the customary law system as one of the traditional laws that has existed for a long time as one of the most influential laws for some Indonesian people. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that basically customary law does not only regulate the community government system, customary law also always plays a role in the ownership of customary land rights, where land rights are starting to experience many disturbances. as well as obstacles in its management and sustainability, to build a customary law that synergizes with state law, customary law begins to adapt and adapt to modern human civilization, basically the Indonesian government has recognized and guaranteed every continuity of the customary law, as contained in the Law and political law in Indonesia.

Franchise Agreement in Civil Law Perspective Sisca Ferawati Burhanuddin
Enrichment : Journal of Management Vol. 12 No. 1 (2021): November: Management Science
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (571.568 KB)

In the current era of globalization, development in the business sector has a very high level of competition, to make it easier for someone in their efforts to maintain their business and government efforts to innovate through franchise activities. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that specifically franchise activities are an agreement involving two or more individuals in which it forms an agreement involving the law as the legal basis, franchise activities provide significant benefits very big for the perpetrators because this activity emphasizes a cooperation and is mutually binding on each other, this business concept involves the franchisor to the franchiseethen becomes a legal institution that regulates the franchise agreement, as 9 of 1995 concerning Small Business, which reads that the franchise pattern is a partnership relationship in which the franchisee grants license rights, trademarks and distribution channels of his company to franchiseeaccompanied by assistance. management guidance.

STANDARD AGREEMENTS IN BUSINESS LAW: STUDIES IN CREDIT IN THE BANKING WORLD Sisca Ferawati Burhanuddin
Fox Justi : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): Fox justi : Jurnal Ilmu Hukum, January 2023
Publisher : SEAN Institute

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The standard agreement is one of the instruments that is often used in business law practices, including in the banking sector, especially in credit. This study aims to analyze the use of Standard Agreements in credit in banking and their effectiveness in resolving disputes in the banking sector. This study uses a normative juridical research method using analytical descriptive. The results of the study show that the use of Standard Agreements in credit in banking is commonly practiced and regulated in laws and regulations adapted to Law Number 8 of 1999 concerning consumer protection. However, the implementation of the Standard Agreement still creates various problems such as injustice for consumers and limitations in resolving disputes, this can be seen from the many unfair clauses that tend to harm consumers. This research also shows that the effectiveness of the Standard Agreement in resolving disputes in the banking sector from the bank is generally carried out in the form of preventive legal protection (preventing problems from occurring and repressive forms of legal protection (resolving problems) while for customers or consumers guided by Article 19 paragraphs 1 and 2 UUPK.

Transaksi cryptocurrency : Bagaimana pandangan hukum ekonomi islam memandang? Sisca Ferawati Burhanuddin
Fair Value: Jurnal Ilmiah Akuntansi dan Keuangan Vol. 4 No. 7 (2022): Fair Value: Jurnal Ilmiah Akuntansi dan Keuangan
Publisher : Departement Of Accounting, Indonesian Cooperative Institute, Indonesia

The development of the digital era is increasingly widespread, prompting changes to the payment system, some of which provide convenience, especially in terms of economic activity services. Cryptocurrency is a blockchain-based technology that is often used as a digital currency. Digital money is different from conventional money, this type of money does not have a physical form but only a block of data bound by a hash as validation. Basically cryptocurrency has almost the same function as other currencies, but this currency does not have a physical form like currency in general, although it provides a number of advantages for its users, the existence of cryptocurrency is still a question mark because it does not have officialpermission from the government or from state financial institutions. This research is a type of qualitative research, using a descriptive method while the results of this study explain that Cryptocurrency is a new phenomenon, especially in terms of transactions, the rapid development of technology in the 4.0 revolution era makes humans have to adapt to the various conveniences it presents, but if Seeing the position of cryptocurrency, especially in Indonesia, the government has not officially given permission because it is against the law and is not supervised by financial services authority institutions. Meanwhile, according to Islamic economic law, the concept of cryptocurrency contains gharar and dharar because the inventor or creator is not known for certain, there is no authority to ensure the validity of transactions, has no intrinsic value, and cannot be separated from speculation about the price which is very volatile and is only used as a profit and loss tool. then Cryptocurrency contains elements of Maysir..

SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR Maskanah, Ummi; Burhanuddin, Sisca Ferawati; Zaenudin, KM Ibnu Shina; Suhartini, Siti Pujiastuti
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1390

Sharia banks also target MSMEs through KUR loans, growing like mushrooms in the rain. The small loan value becomes disproportionate if a dispute is resolved through the judicial process. So what is needed by financial service providers and the public is a dispute resolution model that is effective and efficient, fair and certain. Research specifications use descriptive analytical methods, with normative and empirical juridical approaches. The data used is secondary data with data collection techniques through literature studies and field studies, then the data is analyzed using legal interpretation and construction, using qualitative juridical methods. The settlement of sharia economic disputes juridically can be resolved in two ways, namely through litigation and non-litigation. According to the results of the study, currently the KUR guarantor is PT Jamkrindo Syariah under the supervision of the OJK, in practice when there is bad credit Jamkrindo Syariah chooses a non-litigation dispute resolution model by means of deliberation and mediation off line and online based on the good faith of the parties (vide Article 55 of Law Number 21 of 2008 and Perma Number 3 of 2022), so as to fulfill a sense of justice and legal certainty, therefore there is a need for a special legal umbrella for resolving sharia economic disputes outside the Court.

SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR Maskanah, Ummi; Burhanuddin, Sisca Ferawati; Zaenudin, KM Ibnu Shina; Suhartini, Siti Pujiastuti
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1390

Sharia banks also target MSMEs through KUR loans, growing like mushrooms in the rain. The small loan value becomes disproportionate if a dispute is resolved through the judicial process. So what is needed by financial service providers and the public is a dispute resolution model that is effective and efficient, fair and certain. Research specifications use descriptive analytical methods, with normative and empirical juridical approaches. The data used is secondary data with data collection techniques through literature studies and field studies, then the data is analyzed using legal interpretation and construction, using qualitative juridical methods. The settlement of sharia economic disputes juridically can be resolved in two ways, namely through litigation and non-litigation. According to the results of the study, currently the KUR guarantor is PT Jamkrindo Syariah under the supervision of the OJK, in practice when there is bad credit Jamkrindo Syariah chooses a non-litigation dispute resolution model by means of deliberation and mediation off line and online based on the good faith of the parties (vide Article 55 of Law Number 21 of 2008 and Perma Number 3 of 2022), so as to fulfill a sense of justice and legal certainty, therefore there is a need for a special legal umbrella for resolving sharia economic disputes outside the Court.

Peran Notaris dalam Menjamin Keabsahan dan Autentisitas Akta Kredit Perbankan Pyarrani, Dilla; Burhanuddin, Sisca Ferawati
JURNAL USM LAW REVIEW Vol. 8 No. 3 (2025): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i3.10081

This study examines the role of notaries in ensuring the validity and authenticity of authentic deeds in banking credit agreements and analyzes the legal implications of the degradation of their evidentiary value. In banking practice, credit agreements are commonly executed in the form of authentic deeds to guarantee legal certainty and provide conclusive evidence in dispute resolution. However, in judicial proceedings, the evidentiary strength of authentic deeds may be challenged and reduced through counter-evidence, particularly when material or formal defects are proven. This condition raises concerns regarding public trust in notarial deeds and the notarial profession. This research employs a normative juridical method with a statutory and conceptual approach, relying on secondary legal materials obtained through library research. The findings indicate that the evidentiary perfection of authentic deeds depends on a dual responsibility inherent in their classification as partij acte. Notaries are responsible for ensuring formal authenticity through compliance with statutory procedures and the principle of due diligence, while the parties bear responsibility for material validity through good faith in providing accurate information and supporting documents. Failure to fulfill these requirements may result in the degradation of the deed’s evidentiary value, either rendering it void, voidable, or reducing it to a private deed. This study contributes by clarifying the distribution of legal responsibility between notaries and the parties and emphasizes the importance of professional ethics, good faith, and procedural compliance to maintain legal certainty and public confidence in authentic deeds within banking transactions. Penelitian ini mengkaji peran Notaris dalam menjamin keabsahan dan autentisitas akta autentik perjanjian kredit perbankan serta menganalisis implikasi hukum dari degradasi nilai pembuktiannya. Dalam praktik perbankan, perjanjian kredit umumnya dibuat dalam bentuk akta autentik guna menjamin kepastian hukum dan menyediakan alat bukti yang sempurna dalam penyelesaian sengketa. Namun, dalam proses peradilan, kekuatan pembuktian akta autentik dapat dipatahkan melalui pembuktian sebaliknya apabila terbukti terdapat cacat formil maupun materiil. Kondisi tersebut berpotensi memengaruhi kepercayaan publik terhadap akta autentik dan profesi Notaris. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan dan konseptual, berdasarkan studi kepustakaan terhadap bahan hukum sekunder. Hasil penelitian menunjukkan bahwa kesempurnaan nilai pembuktian akta autentik ditentukan oleh pembagian tanggung jawab yang melekat pada sifatnya sebagai partij acte. Notaris bertanggung jawab menjamin autentisitas akta melalui ketaatan prosedural dan asas kehati-hatian, sedangkan para pihak bertanggung jawab atas keabsahan materiil melalui penerapan asas itikad baik dalam pemberian keterangan dan dokumen pendukung. Ketidakpatuhan terhadap unsur-unsur tersebut dapat mengakibatkan degradasi nilai pembuktian akta, baik menjadi batal demi hukum, dapat dibatalkan, maupun tereduksi menjadi akta di bawah tangan. Penelitian ini menegaskan pentingnya profesionalitas Notaris, kejujuran para pihak, dan kepatuhan prosedural guna menjaga kepastian hukum serta kepercayaan publik dalam transaksi kredit perbankan.

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