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All Journal Ahkam: Jurnal Ilmu Syariah WAJAH HUKUM JURNAL MERCATORIA Unes Law Review Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Al-Kharaj: Journal of Islamic Economic and Business Jurnal Baabu Al-ilmi : Ekonomi dan Perbankan Syariah SELODANG MAYANG Kontigensi: Jurnal Ilmiah Manajemen Jurnal Pajak dan Bisnis (Journal of Tax and Business) AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Journal of Innovation Research and Knowledge Al-Istinbath: Jurnal Hukum Islam Ranah Research : Journal of Multidisciplinary Research and Development IIJSE Hakamain: Journal of Sharia and Law Studies BAABU AL-ILMI: Ekonomi dan Perbankan Syariah
Yaswirman, Yaswirman
Andalas University, Padang, Indonesia
Religion Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mechanical Engineering Nursing Physics Public Health Social Sciences Transportation Other

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Journal : Unes Law Review

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Pengelolaan Tanah Wakaf untuk Usaha Produktif dalam Kesejahteraan Sosial oleh Nazhir Wakaf Menurut Undang-Undang No.41 Tahun 2004 Tentang Wakaf Afisna, Fajri Aulia; Yaswirman, Yaswirman; Yasniwati, Yasniwati
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.928

Abstract

Waqf is known as an asset of the people that can be utilized at all times. However, the productive management and development of waqf assets for social welfare has yet to be realized optimally. The enactment of Law No. 41 of 2004 concerning waqf has become a momentum to realize waqf productively. The waqf foundation Ar-Risalah and Persyarikatan Muhammadiyah which acts as nazhir waqf has the duty and responsibility to manage and develop waqf assets from wakif to productive ones. The research method used in this study uses empirical juridical research method. Based on research that productive waqf management implemented by the Ar-Risalah waqf foundation is by empowering plantations such as oil palm, banana and coconut plantations as well as renting shops, mini markets and renting waqf houses. Whereas the management of productive waqf by the Muhamadiyah Association is in the form of increasing the value of waqf assets by utilizing the functions of buildings such as the Muhammadiyah Taqwa Mosque and Muhamadiyah Dakwah Building which stand on waqf land to be developed into rental shops as a place to sell and use excess land to gain profits from renting parking spaces. The efforts of the Ar-Risalah Wakaf Foundation in developing waqf assets to become productive waqf for social welfare by managing waqf assets to be used as a source of income, one of which is by investing in the development of waqf land. Meanwhile, the efforts of Persyarikatan Muhamadiyah to form a cash waqf body as a form of management and development in a productive direction. The form of increasing social welfare carried out by nazhir waqf is by carrying out social empowerment, such as providing a place of business to be used as a place to open a business by the local community.
Kedudukan Harta Bersama yang Terletak di Luar Negeri (Singapura) dari Perkawinan Campuran yang Melakukan Perceraian di Pengadilan Negeri (Studi Putusan No. 552/Pdt.G/2013/PN.DPS) Afridah, Afridah; Yaswirman, Yaswirman; Ferdi, Ferdi
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1144

Abstract

A mixed marriage will bring legal consequences to the parties who do it, namely related to property in the marriage. The joint assets formed during the marriage are not only located in the territory of Indonesia, but also located abroad (Singapore). This study examines the position of joint assets in mixed marriages located outside the territory of Indonesia who filed for divorce and property claims in the District Court. The purpose of this article, which is based on the results of this research, aims to determine legal certainty regarding the status of joint property in mixed marriages located abroad (Singapore) based on Decision No. 552 / Pdt.G/2013/PN.Dps) by Judge. The research method used in this study is a normative legal research method with a source of law, namely statutory regulations. The research method used is a normative juridical approach. Research specifications use analytical descriptive and data sources use secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Materials from the results of this study indicate that joint assets located abroad (Singapore) are subject to the Indonesian Judge's decision. In the eligibility conditions in the Strata Title rules that apply in Singapore, the holder of a Permanent Resident permit has the right to transfer or sell property located in that country.
Perlindungan Hukum Terhadap Konsumen Pemenang Lelang di Lembaga Perbankan Kota Padang Elfiawinda, Elfiawinda; Yaswirman, Yaswirman; Nurdin, Zefrizal
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1647

Abstract

Society and banks are two components that need each other. Banks run businesses to make a profit. Like conventional banks which earn profits through interest on loans from debtors. Banks provide loans, but must also guarantee the repayment of the capital lent to debtors by binding the loan with mortgage rights. When the debtor is unable to pay the debt and is declared in default, the bank as the winner of the mortgage right has the right to sell the collateral with the mortgage right, submitting an auction request to the KPKNL. The auction winner is the bidder with the highest price. Auction winners often have difficulty controlling the auction object, because the debtor does not accept the auction results and makes various efforts to maintain the collateral, one of which is by filing an unlawful act lawsuit with the district court. The problem in this thesis is: What is the legal certainty of the transfer of ownership of mortgage objects through auction? What is the legal protection for the winner of the auction for the execution of mortgage rights filed as a party in a lawsuit against the law in terms of the Consumer Protection Law? What are the efforts of the auction winner in dealing with the plaintiff as debtor? The method used in this research is Sociological Juridical, the type of data collected is secondary and primary data, the data collection method is interviews and the nature of the research is descriptive. The research results obtained. 1) The transfer of rights through an auction occurs when the auction minutes are published which function as the basis for rights, but the transfer of rights only occurs on paper, because the auction winner cannot control the object. 2) The Consumer Protection Law guarantees that consumers get their rights, but what happens is that business actors often transfer or even eliminate responsibilities by having standard agreements which are actually prohibited by law. 3) The winner of the auction as a consumer, in facing the debtor's demands, tries to defend his rights, the losses arising from the demands from the debtor are the burden of the consumer himself, the business actor, in this case the bank, is not responsible for the losses suffered by the consumer, under the pretext of the object of the auction what has been purchased by the consumer, namely the auction winner, is at a low price, so that the loss becomes the burden of the auction winner.
Co-Authors Afisna, Fajri Aulia Afridah Afridah Afridah, Afridah Al-Firdaus Al-Firdaus Aprina Chintya Busra Azheri Devianto, Dodi Dian Mustika Dwi Mega Oktoviona Efendi, Roni Efrinaldi Efrinaldi Elfiawinda, Elfiawinda Fajri Aulia Afisna Farida Arianti Fauza, Nurul Ferdi Ferdi Ferdi Ferdi, Ferdi Fitri Wahyuni Fitri, Devianty Gafnel, Gafnel Helmi Helmi Helmi Helmi Henmaidi Henmaidi Henmaidi Henmaidi Henmaidi, Henmaidi Iasra, Rizki Fajri Ikhwan Ikhwan Ismail Ismail Kumala, Wisnu Maisarah Leli Mega Oktoviona, Dwi Muhamad Ilham Azizul Haq Najmi Najmi, Najmi Nilma Suryani Nursyirwan Effendi, Nursyirwan Ramadhani, Mauriska Rini Elvira Rizki Fajri Iasra Rudi Febriamansyah Sandra Dewi Sandra Dewi sandra dewi Sulastri Caniago Suryani, Nilma Syofiarti, Syofiarti Tua Manik, Saut Maruli Ulfanora, Ulfanora Vivi Dwi Yulian Benni Wardi, Utama Warman, Arifki Budia Wisnu Kumala Yasniwati, Yasniwati Yulian Benni, Vivi Dwi Zefrizal Nurdin, Zefrizal