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All Journal Jurnal Legalitas DE JURE Jurnal Mahasiswa Fakultas Hukum Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) El-Mashlahah Perspektif : Kajian Masalah Hukum dan Pembangunan Al-Mustashfa JURISDICTIE Jurnal Hukum dan Syariah JURNAL MAHKAMAH Al-Iktisab: Journal of Islamic Economic Law Tribakti: jurnal pemikiran keIslaman Jambura Law Review Al-Adl : Jurnal Hukum Legal Spirit Istinbath : Jurnal Hukum Journal of Judicial Review Jurnal Persaingan Usaha Legal Protection for the Partnership Agreement Parties Journal of Islamic Business Law Tribakti: Jurnal Pemikiran Keislaman
Dwi Fidhayanti
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : El-Mashlahah

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The Principle of Mabda' Ar-Rada'iyyah in Land Purchase Agreements with Fraud Elements in State Court Judgment Number 12/Pdt.G/2017/PN.Mlg Dwi Fidhayanti; Illa Miftachul Jannah
El-Mashlahah Vol 12, No 2 (2022)
Publisher : Institut Agama Islam Negeri Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v12i2.4133

Abstract

Court Judgment Number 12/Pdt.G/2017/PN.Mlg became a decision on Kartono's request to cancel the land sale and purchase agreement because it contained elements of fraud. The purpose of this study is to analyze the principle of mabda' ar-rada'iyyah in the land sale and purchase agreement with an element of fraud in Court Judgment Number 12/Pdt.G/2017/PN.Mlg. Types of normative juridical research with a statutory approach and a case approach. Primary, secondary and tertiary legal materials are analyzed using descriptive qualitative methods. The results of this study indicate that based on the request for annulment of the agreement submitted by Kartono which was granted by the Panel of Judges, it resulted in the cancellation of the land sale and purchase agreement and returned to the original owner, namely Kartono. The agreement violated subjective requirements because the sale and purchase contained elements of persuading, influencing, and deceiving or using false prestige towards Kartono during the land purchase process. This agreement does not fulfill the principle of mabda' ar-rada'iyyah, because the agreement/will to enter into the agreement was given on the basis of an element of fraud committed by the buyer, causing the agreement to be void/invalid.Court Judgment Number 12/Pdt.G/2017/PN.Mlg became a decision on Kartono's request to cancel the land sale and purchase agreement because it contained elements of fraud. The purpose of this study is to analyze the principle of mabda' ar-rada'iyyah in the land sale and purchase agreement with an element of fraud in Court Judgment Number 12/Pdt.G/2017/PN.Mlg. Types of normative juridical research with a statutory approach and a case approach. Primary, secondary and tertiary legal materials are analyzed using descriptive qualitative methods. The results of this study indicate that based on the request for annulment of the agreement submitted by Kartono which was granted by the Panel of Judges, it resulted in the cancellation of the land sale and purchase agreement and returned to the original owner, namely Kartono. The agreement violated subjective requirements because the sale and purchase contained elements of persuading, influencing, and deceiving or using false prestige towards Kartono during the land purchase process. This agreement does not fulfill the principle of mabda' ar-rada'iyyah, because the agreement/will to enter into the agreement was given on the basis of an element of fraud committed by the buyer, causing the agreement to be void/invalid.
Green Sukuk in Indonesia: Unraveling Legal Frameworks for Sustainable Islamic Bonds Supriyadi, Aditya Prastian; Fidhayanti, Dwi; Ramadhita, Ramadhita; Noh, Mohd Shahid bin Mohd
El-Mashlahah Vol 13 No 2 (2023)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v13i2.7372

Abstract

Green sukuk is a contemporary-era sharia investment revolution that accommodates environmental aspects. Integrating Sustainable Financing in green sukuk can be an alternative investment platform contributing to sustainable development. The concept paradigm is relevant for strengthening the proportional construction of green sukuk law in Indonesia. The study aimed to analyze the concept of sustainable financing as the legal basis for implementing green sukuk in supporting sustainable development programs in Indonesia. The study used normative legal research methods. This research approach used a conceptual approach through reasoning the concepts of sustainable financing, green sukuk, and other concepts relevant to the topic of study to strengthen the discussion argument. The study showed that there are 2 (two) components of the relevance of the Sustainable Financing paradigm as the basis for implementing green sukuk in Indonesia. First, the implementation of green sukuk in various countries has rules that accommodate sustainable financing in response to climate change problems. Second, the sustainable financing Paradigm is relevant as a source of green sukuk legal construction to strengthen the policy basis for implementing environmentally sound investment in Indonesia. The urgency of the regulation is to increase investment commitments that can increase environmental resilience, alleviation of social problems and business transparency in contributing to sustainable development in Indonesia.
Co-Authors AA Sudharmawan, AA Abdul Hakim Alfiaturrohmania, Ulil Amin Amirudin Aunur Rofiq, Mahbub Bil Makkiy, Nabrisatul Chusna binti Muhammad Jebat, Damia Batrisyia Daud, Mohd Zaidi Dwi Septyanto, Mochamad Fikry Fadlan, Mochamad Lailul Hanafi, Hanira Illa Miftachul Jannah Jajang Nurzaman Jeffry Aditya Khairul Umam Khoirul Hidayah Kurniasih Bahagiati Mardiatul Hayati Mat Hussin, Mohd Norhusairi Mohd Noh, Mohd Shahid Mohd Shahid bin Moch Noh MUHAMMAD FAKHRUL AULIYAK Muhammad Muhammad Muhammad Robith Fuadi Mutia Rahma Maulida Muyasaroh Farhaniyah Huda Nasyi'ah, Iffaty Noh, Mohd Shahid bin Mohd Ramadhita Ramadhita, Ramadhita Ratna Indah Febriyaningsih Risma Nur Arifah Satria, Muhammad Hatta Supriyadi, Aditya Prastian Syabbul Bachri Teguh Setyobudi Ulfa Ryan Rahmawati Wulandari, Ika Yaqin, Moh. Ainul Zahry, Ariel Alvi Zaky Ramadhan