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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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Bantuan Dana Hibah Anggaran Pendapatan dan Belanja Daerah (APBD) dan Pengaruhnya Terhadap Kinerja Manajemen BAZNAS di Provinsi Sumatera Barat Rini ELvira; Yaswirman Yaswirman; Nursyirwan Effendi; Dodi Devianto
Jurnal BAABU AL-ILMI: Ekonomi dan Perbankan Syariah Vol 8, No 2 (2023)
Publisher : Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/ba.v8i2.12298

Abstract

This study aims to determine the causal-comparative relationship between the variable of APBD grant funding assistance and BAZNAS management performance. This study involved all BAZNAS in West Sumatra Province selected by total sampling with data sourced from PuskasBAZNAS publication. Simple linear regression analysis tested the comparative causal relationship between the two variables. The research show that the variable of APBDfunding does not affect to the management performance of BAZNAS in West Sumatra Province, but it is influenced by other factors, such as leadership, employees and organisational culture, availability of financial resources, governance, policies and strategies, technology utilisation, muzakki trust in BAZNAS, transparency and accountability, and local cultural values. The implication of this research is as a basis for future local government policy considerations in allocating APBD grant funding assistance, and for BAZNAS efforts to improve the efficiency and effectiveness of BAZNAS in zakat management.
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): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

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.
Good Amil Governance According to Zakat Core Principles: A Concept to Improve the Efficiency and Effectiveness of Zakat Management Rini Elvira; Yaswirman Yaswirman; Nursyirwan Effendi; Dodi Devianto
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economic: November, 2023
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.4358

Abstract

The importance of good amil governance in zakat management becomes increasingly urgent along with the complexity and size of the funds being managed. Practices involving transparency, accountability, responsibility, independence, fairness, and legal compliance are the keys to success in achieving efficiency and effectiveness in zakat management. Therefore, it is necessary to carry out further description and exploration regarding the concept of good amil governance based on zakat core principles. This research is a literature study that adopts a descriptive-exploratory qualitative approach. Secondary data sources were obtained from various literature, including journal articles, books, official reports from the BAZNAS Study Center, and government documents, as well as other relevant sources. The Systematic Literature Review (SLR) technique was utilized to optimize the data, which was then analyzed in depth using a descriptive-exploratory qualitative approach to present a comprehensive picture of the concept of good amil governance according to zakat core principles.
Penyelesaian Sengketa Perceraian Di Pengadilan Agama Pasca Pemberlakuan Sema Nomor 1 Tahun 2022 (Analisis Putusan Pengadilan Agama Painan Nomor 492/Pdt.G/2023/PA.Pn.) Muhamad Ilham Azizul Haq; Yasniwati; Yaswirman
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1554

Abstract

This study aims to analyze the settlement of divorce disputes in religious courts after the implementation of the Circular Letter of the Supreme Court of the Republic of Indonesia Number 1 of 2022 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2022 as Guidelines for the Implementation of Tasks for the Courts dated December 15, 2022. The method used for this research is a normative legal research method that refers to literature research and laws, then data collection and analysis are carried out after which conclusions are drawn using the deductive method of thought. The results showed that, the issuance of the Formulation of the Religious Chamber number 1 letter b point 2) Circular Letter Number 1 of 2022 which stipulates that in an effort to maintain a marriage and fulfill the principle of making divorce difficult, divorce cases on the grounds of continuous disputes and quarrels can be granted if it is proven that the husband / wife is in continuous dispute and quarrel, or has separated the place of residence for at least 6 (six) months does not just appear but goes through a long process. The Supreme Court through the formulation of the Religious Chamber Meeting in Supreme Court Circular Letter 4 of 2014 also provides a number of indicators as a clue to the condition of a broken marriage. This is then refined in Supreme Court Circular Letter 3 of 2018 which provides instructions to judges to consider sufficiently and thoroughly in adjudicating divorce cases. The formulation of the Religious Chamber Meeting in Supreme Court Circular Letter 1 of 2022 emphasizes the provisions of Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage which makes it easier for judges to explore the root causes of divorce filed by husband or wife to minimize the reasons for divorce of continuous disputes and quarrels.
Value Based Intermediation (VBI) as a Sharia Banking Strategy in Supporting Sustainable Development in Indonesia Sandra Dewi; Yaswirman Yaswirman; Helmi Helmi; Henmaidi Henmaidi
Al-Kharaj: Journal of Islamic Economic and Business Vol. 5 No. 3 (2023)
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v5i3.4155

Abstract

The implementation of SDGs is in line with the principles of Islamic teachings that prohibit destruction on earth (ifsad fil-ardhi), both physical damage and non-physical damage.  In addition, the principle of sustainability, in accordance with Maqashid Sharia by maintaining religion, preserving the soul, maintaining  reason, or nurturing offspring, and maintaining property. The application of Islamic economics and finance is no different from the SDGs. The role of Islamic economy and finance strengthens the target of SDGs, one of which is by implementing Value Based Intermediation (VBI).Value Based Intermediation (VBI) aims to reorient the business model of Islamic finance with the aim of realizing the objectives of sharia so that it can generate positive and sustainable impacts for the economy, society, and the environment through practices, processes, offers, and behaviors. Value-based intermediation (VBI) aims to deliver the desired outcomes of Sharia through practices, behaviours and offerings that generate positive and sustainable impacts on society, economy, community and environment, consistent with sustainable shareholder benefits as well as long-term interests. VBI also emphasizes on minimizing and preventing negative impacts arising from the practices, behaviors, and offerings of the Islamic banking industry.The expected results of Sharia focus on improving people's welfare through the preservation of people's wealth, faith, life, offspring, and intelligence in accordance with the maqasid of Sharia. In the context of Islamic finance business, one of which is Islamic banking focuses on encouraging to generate, accumulate, and distribute wealth fairly.
The Role of Social Responsibility of Sharia Financial Institution on Customer Loyalty Sandra Dewi; Yaswirman Yaswirman; Rudi Febriamansyah; Henmaidi Henmaidi
Kontigensi : Jurnal Ilmiah Manajemen Vol 11 No 2 (2023): Kontigensi: Jurnal Ilmiah Manajemen
Publisher : Program Doktor Ilmu Manajemen, Universitas Pasundan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56457/jimk.v11i2.486

Abstract

The form of customer support for Islamic financial services is very important to create resilience and competitiveness in the Islamic Financial Institution industry. By highlighting social activities, this paper tries to see the role of CSR of Islamic banks in influencing customer loyalty , both individually and through image, trust and service satisfaction. This path explores how CSR makes customers impressed, convinced, satisfied, amazed, and ultimately loyal to Islamic banks. Quantitative descriptive analysis shows that a) the role of CSR gives a positive perspective on customer loyalty, b) Corporate image does not have a significant effect on customer loyalty, c) Trust has a significant positive effect on customer loyalty, d) service satisfaction has a positive effect on service, e) simultaneously CSR, image, trust and service satisfaction have a significant effect on customer loyalty. Indirectly, CSR and loyalty have an interrelated and mutually beneficial relationship between financial institutions and customers. This research has resulted in a new study of the form of the role of CSR on customer loyalty to these financial institutions. The practical implication lies in the importance of developing CSR to generate trust and reputation which in turn increases customer loyalty to Islamic banks
Obstacling Factors the Role of Sharia Banking in Achieving SDGS1 (No Poverty) as a Sustainable Development Goal Sandra Dewi; Yaswirman Yaswirman; Rudi Febriamansyah; Henmaidi Henmaidi
Kontigensi : Jurnal Ilmiah Manajemen Vol 12 No 1 (2024): Kontigensi: Jurnal Ilmiah Manajemen
Publisher : Program Doktor Ilmu Manajemen, Universitas Pasundan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56457/jimk.v12i1.512

Abstract

The purpose of this study are factors that inhibit the role of Islamic banking in achieving SDGs1 (No Poverty) as a sustainable development goal in the city of Bukittinggi, West Sumatra. This research methodused is the application of the Delphi method which aims to obtain the agreement of experts who have high reliability values ​​through a series of questionnaires accompanied by feedback on the agreement. The Delphi method will be related to expert opinions with the aim of agreement with experts who have high reliability on mastery of learning design and ecoliteracy skills through a series of questionnaires accompanied by feedback on the agreement. The results of this studyare known that the factors that inhibit the role of Islamic banking in achieving SDGs1 (no poverty) as a sustainable development goal stakeholders do not agree with the Demographic Culture factor because people know the existence of Indonesian sharia bank BSI Bukittinggi City has strong legal force. For the SME factor, all stakeholder respondents did not agree with the Hobby factor because many hobby factors did not provide a background for MSE Pekaku Bukittinggi City but as an economic added value. Therefore, a consensus was obtained that in BSI Bukittinggi City, namely the Demographic Culture factor and in SMEs, the hobby factor is not used because these factors are not 86 influential in the development of SDGs1 (no poverty) achievement centers as public spaces in the research area.
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): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

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.
Permohonan Itsbat Nikah Untuk Perkawinan Kedua oleh Istri yang Bercerai di Luar Pengadilan Agama (Studi Kasus Padang Pariaman) Fauza, Nurul; Yaswirman, Yaswirman; Najmi, Najmi
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1449

Abstract

Divorces outside the court often occur, resulting in the marriage status remaining valid according to Indonesian positive law. This leads couples who wish to remarry to do so clandestinely and seek marital validation through the religious court. Therefore, the purpose of this research is to understand the process of resolving itsbat nikah petitions for second marriages by wives who divorced outside the court and the legal consequences for the parties from the rejection of itsbat nikah by the religious court. This research employs an empirical juridical method focusing on field realities related to applicable legal aspects. Data analysis is conducted qualitatively to depict the research subjects and objects, with theories developed from the acquired data. The research findings indicate that the itsbat nikah process begins with a petition to the pusbakum, revealing that the couple were single before their secret marriage in 2007. However, during the trial, it was revealed that the wife had legally married in the Office of Religious Affairs (KUA) in 2004 and divorced outside the court in the same year, resulting in the rejection of the itsbat nikah petition. Consequently, the wife's post-divorce iddah maintenance rights are lost, but the child's legal status remains recognized, in accordance with Constitutional Court Decision No. 46/PUU-VII/2010.
Human Rights and Customary Law Analysis: Uncovering the Exploitation of Children and Women in Developing Countries Gafnel, Gafnel; Ismail, Ismail; Yaswirman, Yaswirman
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.325

Abstract

The research aims to highlight how traditional practices and norms, often ingrained in customary laws, contribute to systematic abuses and human rights violations. Utilizing a multidisciplinary approach, this study combines legal analysis, sociocultural examination, and case studies from various developing countries to provide a comprehensive understanding of the issue. Through qualitative methods, including interviews with affected individuals, reviews of existing legal frameworks, and analysis of human rights reports, the research identifies key patterns and factors that perpetuate exploitation. The findings reveal that while customary laws play a significant role in community governance and cultural identity, they often conflict with international human rights standards, leading to the marginalization and abuse of vulnerable groups, particularly children and women. Specific customary practices such as child marriages, forced labor, and gender-based violence are scrutinized to demonstrate the pervasive nature of these violations. The study underscores the urgent need for integrating human rights principles into customary legal systems to protect the most vulnerable and promote justice. Recommendations include comprehensive policy reforms that align customary laws with international human rights standards, education and awareness campaigns targeted at both local communities and policymakers, and the establishment of robust mechanisms for monitoring and enforcing human rights compliance within customary law frameworks. This research contributes to the broader discourse on human rights in developing countries by providing actionable insights and advocating for a balanced approach that respects cultural traditions while safeguarding fundamental human rights.
Co-Authors 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 Fitri Wahyuni Fitri, Devianty Gafnel, Gafnel Helmi Helmi Helmi Helmi Henmaidi Henmaidi Henmaidi Henmaidi Henmaidi, Henmaidi Ikhwan Ikhwan Ismail Ismail Kumala, Wisnu Maisarah Leli 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 Syofiarti, Syofiarti Tua Manik, Saut Maruli Ulfanora, Ulfanora Vivi Dwi Yulian Benni Wardi, Utama Warman, Arifki Budia Wisnu Kumala Yasniwati, Yasniwati Zefrizal Nurdin, Zefrizal