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All Journal Jurnal Dinamika Hukum Rechtsidee Perspektif : Kajian Masalah Hukum dan Pembangunan Hasanuddin Law Review Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada International Journal of Supply Chain Management Media Iuris Notaire ADIL : Jurnal Hukum HUKUM BISNIS Jurnal Pengabdian Masyarakat : Pemberdayaan, Inovasi dan Perubahan Yuridika Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Perspektif Hukum Hang Tuah Law Journal Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Srawung: Journal of Social Sciences and Humanities Yuris: Journal of Court and Justice Journal of Central Banking Law and Institutions Lex Journal : Kajian Hukum dan Keadilan Journal of Islamic Law Studies Jurnal Hukum dan Pembangunan Jurnal Penelitian Pendidikan Indonesia

Trisadini Prasastinah Usanti

Fakultas Hukum Universitas Airlangga

Author-ID : 2756327

Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

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Articles

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Reconstruction of Financing Agreement Based on the Principle of Profit and Loss in Sharia Banking Trisadini Prasastinah Usanti; Abdul Shomad
Hasanuddin Law Review VOLUME 2 ISSUE 1, APRIL 2016
Publisher : Faculty of Law, Hasanuddin University

The main purpose of this paper is to provide an analysis that with the reconstruction of the contract that is based on sharing profits and losses it will form a model contract that has Islamic values, maslahat and justice. In the practice of sharia banking in Indonesia, the financing agreement based on the principle of profit and loss sharing in form standard does not fully reflect the characteristic of the contract. Approach used is legislation approach, conceptual approach and contract approach. Legal materials consist of primary legal materials and secondary legal materials. The study is helpful in practice sharia banking, namely the model of financing contract based on the principle of profit and sharing. Standard contracts in sharia banking serve as a form of legal frame that can be reconstructed. The characteristics of the contract is based on the principle of profit and loss sharing which state is that no one is justified to get a profit without having to bear the business risk.

THE PRINCIPLE OF JUSTICE IN TRANSACTIONS BASED ON PROFIT AND LOSS SHARING IN SHARIA BANKS Trisadini Prasastinah Usanti; A. Shomad; Ari Kurniawan
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 26, No 2 (2014)
Publisher : Fakultas Hukum Universitas Gadjah Mada

In fund raising with mudharabah agreement only contain a clause about sharing profits alone, does not contain a clause about sharing losses because the losses in case the fund will be borne by LPS, and there is no clause about profit sharing or revenue sharing is used. At mudharabah and musharakah financing contain a clause on sharing profits and losses, although there is a clause that does not reflect justice. Dalam penghimpunan dana dengan perjanjian mudharabah hanya memuat klausul tentang berbagi keuntungan saja, tidak memuat klausul tentang berbagi kerugian karena apabila terjadi kerugian maka dana tersebut akan ditanggung oleh LPS, dan tidak ada klausul tentang profit sharing atau revenue sharing yang dipergunakan. Pada pembiayaan mudharabah dan pembiayaan musyarakah memuat klausul tentang berbagi keuntungan dan kerugian, meskipun masih ada klausul yang belum mencerminkan keadilan.

ANALISIS PEMBEBANAN GADAI ATAS SERTIFIKAT MEREK PADA BANK SYARIAH Trisadini Prasastinah Usanti
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 29, No 3 (2017)
Publisher : Fakultas Hukum Universitas Gadjah Mada

AbstractTrademark Rights in the practices of sharia banks is accepted as an object collateral for financing and burdened with pledge. Therefore, Trademark Rights is very risky because its value is not guaranteed then it is only accepted as an additional guarantee to the sharia bank. In minimizing risk, the Sharia bank shall assess that the Mark must have been registered as evidenced by the issuance of the certificate of Trademark, taking into account the period of protection of trademark and the inclusion of negative covenants and positive covenants in the pledge agreement as legal protection for sharia banks IntisariHak Atas Merek pada praktik bank syariah diterima sebagai objek jaminan pembiayaan dan dibebani dengan lembaga jaminan gadai. Oleh karena, Hak Atas Merek sangat berisiko karena nilainya tidak terjamin maka hanya diterima sebagai jaminan tambahan pada bank syariah. Dalam meminimalkan risiko, bank syariah melakukan penilaian bahwa Merek tersebut harus sudah terdaftar yang dibuktikan dengan diterbitkannya Sertifikat Merek, memperhatikan jangka waktu perlindungan merek tersebut dan pencantuman negative covenants dan positive covenants dalam perjanjian gadai sebagai perlindungan hukum bagi bank syariah.

Dispute Settlement Method for Lending in Supply Chain Financial Technology in Indonesia Trisadini Prasastinah Usanti; Fiska Silvia; Anindya Prastiwi Setiawati
International Journal of Supply Chain Management Vol 9, No 3 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : International Journal of Supply Chain Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (385.113 KB)

Abstract— Recently, in response to the credit crunch and the increased costs of financing, new solutions for supporting the financial management of supply chains, known as supply chain finance (SCF), have been developed. The purpose of this research is to analyze how the dispute raised from the situations faced by people who involved in fintech peer to peer lending can be solved in fairness. The methodology used in this research are statute approach, conceptual approach, and comparison dispute settlement among Australia and Indonesia through law case study. According to the Indonesian Law as it is stated in BW (Civil Code for Indonesia), companies can settle their loan disputes by filing a lawsuit to the district court. This method is less effective because it is time consuming and costly, while it is not worth with the nominal value of the loan which is not that much. This situation leads to a demand of a faster, simpler and low-cost solution that can be accessed online. This method is called as small claim court method. This method is considerably new and basically is a simplified procedure of the existing dispute settlement. A strong note on this method is its weakness when the disputes happen cross-border. This aspect needs to be improved in many ways considering the current method is only applicable when the parties have the same judicial territory. Hopefully, the information technology strongly supports the task of the judiciary in order to enforce law and legal justice through the application of Electronic Court (e-court) which is in line with the principle of simple, fast and low cost of justice. Vice versa, fintech lending dispute resolution requires procedural law that can compensate for the technology that is developing rapidly. The information technology management referred to information management policies, institutional information management institutional arrangements, and electronic system structuring at the Supreme Court.

PENANGANAN RISIKO HUKUM PEMBIAYAAN DI BANK SYARIAH Trisadini Prasastinah Usanti
Yuridika Vol. 29 No. 1 (2014): Volume 29 No 1 Januari 2014
Publisher : Universitas Airlangga

The most of the assets of syariah banks are financing. On one side it is the largest source of income. however it could be the source of the greatest business risk as well. Therefore, quality of the financing must be protected and kept feasible. The legal issue analyzed in this article is about the efforts being made by Islamic banks to handle legal risks arising from financing. The approach used is the statute approach and conceptual approach. The efforts made by syariah banks in dealing with risk law financing based on two strategies, namely the restructuring of financing or settlement of financing problem.Keywords: legal risk, financing, syariah bank.

ASAS IKHITYATI PADA AKAD PEMBIAYAAN MUDHARABAH DI LINGKUNGAN PERBANKAN SYARIAH Trisadini Prasastinah Usanti; Prawitra Thalib
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

Agreement in Arabic termed Mu'ahadah Ittfa, or Contract. In the language of Indonesia known by contract, agreement or approval meaning is an act where one or more bind itself against someone else or more. Equivalent of the word Agreement in Arabic is aqad. In terms of jurisprudence in general contract means something into someone's determination to carry out, both emerging from one party such as endowments, divorce, and the oath, as well as emerging from the two parties such as sale and purchase, rent, wakalah and pawn. On the basis of Islamic banking environment there are ikhiyati where this principle should be applied on the mudharabah financing contract. Basic Ikhtiyati/prudence had the meaning that each contract is done with careful consideration and implemented appropriately and carefully. The implementation of the principle of mudharabah financing contract on ikhtiyati requires the analysis of pembiyaan before the financing approved by the syariah bank, if the customer (mudharib) violate these restrictions, then the mudharib should be responsible in case of loss.

Sharia Principles on Information Technology-Based Financing Services Trisadini Prasastinah Usanti; Prawitra Thalib; Nur Utari Setiawati
Yuridika Vol. 35 No. 1 (2020): Volume 35 No 1 January 2020
Publisher : Universitas Airlangga

The Financial Services Authority only regulates information technology-based money lending and borrowing services that have not yet regulated sharia-based information technology financing services (fintech Syariah). This is evidenced by the provision of loan interest rates in the Financial Services Authority Regulation. This is contrary to sharia principles. The existence of Fintech Syariah is only based on DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 which expressly states that information technology-based financing services are permitted with conditions that must be by sharia principles so that they cannot promise usury, gharar, maysir, tadlis, and dharar. Contracts that frame the legal relationship between the organizer, the financing provider and the recipient of financing, among others, the contract of wakalah bil ujrah, mudharabah, musyarakah, ijarah, and murabahah

TANGGUNG GUGAT DALAM TRANSAKSI MELALUI INTERNET BANKING Kuwido Prahoro; Trisadini Prasastinah Usanti
Jurnal HUKUM BISNIS Vol 3 No 2 (2019): Volume 3 no.2, Oktober 2019
Publisher : Fakultas Hukum Universitas Narotama

Economic development in Indonesia is inseparable from the strategic role held by banking institutions. The important position of the bank in supporting the economic activities of the community creates a business orientation for the bank in conducting various transactions. In developing its business, the bank utilizes technological advances to improve systems and services for customers. One form of banking services that utilizes technology is the creation of internet banking services. Internet banking services make it easy for customers to conduct banking transactions anywhere and anytime. Efficiency and effectiveness are the advantages of internet banking, so that it becomes an attraction for customers to use internet banking services. But on the other hand, internet banking services are also prone to be misused by parties who are not responsible for taking advantage through cybercrime. In this journal, the author focuses on the forms of misuse of internet banking services and accountability if losses arise due to the use of internet banking services. Hopefully this journal can be a useful reading and add insight to the reader

Perlindungan Konsumen Muslim atas Produk Halal Bambang Sugeng Ariadi Subagyono; Trisadini Prasastinah Usanti; Zahry Vandawati Chumaida; Fiska Silvia; Indira Retno Aryatie
Perspektif Hukum VOLUME 20 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v20i2.82

Every religious adherent is guaranteed to choose and practice his religion, so the state is obliged to provide protection and guarantee regarding the halalness of the products used and used by the community. Whereas in society there are still many conclusions about various products that have not been guaranteed their halalness and regulations have not provided legal certainty and guarantees for Muslim communities. So to provide legal certainty the promulgation of Law number 33 of 2014 concerning Halal Product Guarantee. The guarantee for the implementation of Halal Products is aimed at providing comfort, safety, and certainty of information on Halal Products for the public in consuming and using Products, as well as increasing added value for Business Actors to produce and sell Halal Products. The halal certificate must be submitted by the business actor in writing to BPJPH while the determination of the halalness of the product is still carried out by MUI through the Halal Fatwa Session. This research is a normative legal research that uses a statute approach and a conceptual approach.

The Legal Principle of Collateral in Fintech Lending Trisadini Prasastinah Usanti; Anindya Prastiwi Setiawati; Ninis Nugraheni
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.80

Simple procedures and quick service on fintech lending gives an ease for fulfilling capital needs. Indeed, it does not require any collateral which may constrain debtors to deal with it. However, although this activity brings convenience, efficiency, quickness, and simplicity in lending services, many possible risks such as debtors’ delayed payment or even default which may burden the creditors are likely to follow as well. Without any collateral as assurance, the risks may become much higher on fintech lending as the creditor becomes a concurrent creditor who only has relatively individual rights whose position is equal to the other creditors, no droit de suite principle, and the claim is individual with general assurance.

Co-Authors A. Shomad Agung Sujatmiko Agus Yudha Hernoko Anindya Prastiwi Setiawati ARI KURNIAWAN Ari Kurniawan Ari Kurniawan Bambang Sugeng Ariadi Bambang Sugeng Ariadi Subagyono Dita Elvia Kusuma Putri Ellyne Dwi Poespasari Erni Agustin Fiska Silvia Fiska Silvia Raden Roro Hutomo, Cindy Indudewi Indira Retno Aryatie Kuwido Prahoro Luh Putu Ratna Sundari Naini, Romlatust Ninis Nugraheni Nugraha, Xavier Nur Utari Setiawati Nurwahjuni Nurwahjuni, Nurwahjuni Oemar Moechthar Prawitra Thalib Setiawati, Nur Utari Soelistyowati Sukardi Sukardi Vinanda Prameswati Yuniarti Yuniarti Yuniarti Zahry Vandawati Chumaida

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