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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam JURNAL MAGISTER HUKUM UDAYANA DE JURE Lentera Hukum DiH : Jurnal Ilmu Hukum Veritas et Justitia Qistie: Jurnal Ilmu Hukum Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal Asy-Syari'ah Jurnal Hukum Acara Perdata ADHAPER Syntax Literate: Jurnal Ilmiah Indonesia SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Widya Yuridika Al-Mashrafiyah : Jurnal Ekonomi, Keuangan, dan Perbankan Syariah Jurnal Notariil Awang Long Law Review Veteran Law Review LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan JURNAL RECHTENS Jurnal Hukum Acara Perdata Syntax Idea JURNAL ILMIAH ADVOKASI Dialektika: Jurnal Ekonomi dan Ilmu Sosial JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Justiciabelen Jurnal Supremasi Mutawasith: Jurnal Hukum Islam Risalah Hukum International Journal of Educational Research and Social Sciences (IJERSC) Batulis Civil Law Review Jurnal Hukum Saraswati International Journal of Educational Review, Law And Social Sciences (IJERLAS) Journal Equity of Law and Governance Jurnal Hukum Legalita Yuridika Trunojoyo Law Review Journal of Economic & Business Law Review HUKMY : Jurnal Hukum Jurnal Ilmu Kenotariatan Equivalent: Jurnal Ilmiah Sosial Teknik RechtIdee IIJSE Jurnal Hukum Mimbar Justitia SASI Tribakti: Jurnal Pemikiran Keislaman Acten Journal Law Review Jurnal Legislasi Indonesia JILS (Journal of Indonesian Legal Studies) Tapis : Jurnal Penelitian Ilmiah Jurnal Kajian Hukum dan Sosial Rechtenstudent Journal
Dyah Ochtorina Susanti
University Of Jember
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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Principle of Justice in Compensation for Disputes Due to Breach of Murabahah Contract Nury Khoiril Jamil; Dyah Ochtorina Susanti; Rahmadi Indra Tektona
Al-Mashrafiyah (Jurnal Ekonomi, Keuangan dan Perbankan Syariah) Vol 9 No 2 (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Contract default often occurs, as a result the creditor demands compensation from the debtor through the religious court instrument, the murabahah contract as a sharia contract which in fact implements sharia principles has fundamental differences related to compensation. The difference lies in the calculation of compensation only taking into account the original losses suffered and not the loss of future profits. The study focuses on two legal issues, namely the characteristics of compensation and the suitability of the application of compensation cases with the principle of justice in murabahah contract default disputes. This study is a normative legal study with a statutory, conceptual and case approach. The results show that sharia principle compensation has special characteristics, namely the value of compensation is calculated from real losses and does not depend on total future profits. In several cases of this study, the mandated sharia principles often do not become the legal basis for judges in deciding cases of compensation for default so that the principle of justice is not achieved.
CHARACTERISTICS OF ONLINE FOOD DELIVERY SERVICES BASED ON AL-‘UQŪD AL-MURAKKABAH Suparman Suparman; Dyah Ochtorina Susanti; Moh. Ali; Ahmad Tholabi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3975

Abstract

This research is based on the fact that injustice is experienced by motorcycle drivers working as couriers for online food delivery (OFD) services. Restaurants and OFD drivers hold very weak positions and are exploited by OFD companies through mechanisms such as the rating system, fake orders, and unfair profit sharing. In this study, the author aims to explore the characteristics of al-‘uqūd al-murakkabah (composite contracts) in online food delivery services. Several characteristics of OFD services based on al-‘uqūd al-murakkabah found in this research are as follows: 1) The contract subjects are the consumers and the service providers, 2) The three service providers are united in a syirkah abdān (partnership of labor), 3) The involved contracts include syirkah abdān, sales (bayʿ), agency (wakālah), and lease (ijārah), 4) Profit distribution is conducted through a revenue-sharing system.
The Right to Buyback in Murabahah Akad with the Ba'i al-Wafa' System Based on Maqashid Sharia Dyah Ochtorina Susanti; Rahmadi Indra Tektona; Siti Nur Shoimah
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3873

Abstract

The objective of this article is to find out whether the right to buy back under a murābaḥah akad with the bay’ al-wafā’ system is contrary to maqāṣid al-sharÄ«a or not. Murābaḥah akad with the bay’ al-wafā’ system is a new type of contract resulting from modification. Applying akad optimally must contain benefits for the community by referring to the maqāṣid al-sharÄ«a. This study uses a normative legal research method with a statute legal approach and a conceptual approach. This study resulted in the findings that the right to buy back in a murābaḥah akad with the bay’ al-wafā’ system is not contrary to maqāṣid sharia because it provides benefits, profits, pleasure, benefit, and happiness for the parties (seller and buyer). Murābaḥah akad with the bay’ al-wafā’ system also has fulfilled 5 (five) main elements of realizing benefit, i.e., maintaining religion because it can keep humans from riba; nourish the soul, because sellers who get funds quickly and buyers who make a profit can use them to sustain their lives; maintaining the reason because the seller uses his mind to sell his products to the buyer to get funds to meet his needs, and the buyer uses his mind in seeking lawful sustenance (earning a profit) through the use of this akad; maintaining offspring, because will provide blessings and benefits for children, grandchildren, and their offspring; maintaining the property, because someone who has more assets (buyer) can use his wealth to help other people who need funds.
Status Nasab dan Kewarisan Anak Hasil Sewa Rahim Perspektif Hukum Islam Honainah Honainah; Dominikus Rato; Dyah Ochtorina Susanti
Rechtenstudent Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i1.225

Abstract

This study discusses the intricacies of renting a uterus, starting from the law on renting a uterus, the status of children from renting a uterus to inheritance to children from renting a uterus. This research includes the type of normative legal research (legal research) or also known as doctrinal research. The approach used in this study is a statutory approach and a conceptual approach. Analysis of legal material sources is carried out descriptively by not testing theory, but analyzing legal concepts that include legal understanding, legal norms and the legal system. The results of the study concluded that the lineage status of children born by renting a womb is that there are differences of opinion among scholars, some define the mother who owns the ovum as the real mother (nasab) and the mother who owns the uterus as a suckling mother, some other Ulama define the mother who owns the uterus as the lineage mother and the surrogate mother. owner of the uterus as a nursing mother. The inheritance of IVF children through uterine rent in Islamic law still has differences, including some Islamic law experts who say that IVF children through uterine rent are invalid because basically IVF is unlawful and as a result the child's lineage is only related to the mother who gave birth to him, after his ancestry is known, then by law inheritance follows the mother who gave birth, then between children born through IVF through renting a uterus and the mother who gave birth can inherit each other, on the basis that the woman who is pregnant and gives birth.
Legal Force Certificate of The Right of Depedency in Destruction of The Object Guarantee Due to Natural Disasters: A Juridical Study Ferdiansyah Putra Manggala; Dyah Ochtorina Susanti
Rechtenstudent Vol. 6 No. 1 (2025): Rechtenstudent April 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i1.336

Abstract

Shelter is a fundamental human need, essential for safety, stability, and well-being. The right to adequate housing encompasses not only the physical structure but also the legal assurance of ownership and the ability to exercise rights over it. Today, fulfilling the need for housing has become increasingly difficult due to the high cost of land and the complexity of residential construction, which, although sometimes affordable, involves intricate legal and administrative procedures. For individuals or communities who already own land, it is imperative to ensure legal protection and certainty regarding their ownership. A Certificate of Ownership provides formal legal recognition and allows the holder to undertake legal actions related to the land, including using it as collateral. One such legal instrument is the Mortgage Rights Certificate, which holds executorial legal force and serves as strong evidence of a creditor’s legal claim. However, complications emerge when the object of collateral is destroyed by natural disasters. In such cases, the legal position of both the debtor and creditor becomes unclear, as current regulations do not address this issue explicitly. Neither the Basic Agrarian Law (Law No. 5 of 1960) nor the Mortgage Rights Law (Law No. 4 of 1996) provide clear provisions regarding the legal force of mortgage rights under such circumstances. Therefore, this study employs a normative juridical approach, using legal literature, statutory regulations, and scholarly analysis to examine the legal consequences of collateral destruction and to explore protective mechanisms for the affected parties.
Legal Protection for Financial Technology Peer to Peer Lending Debtors Against Doxing Actions by Creditors Muhammad Fatoni Kurniawan; Fendi Setyawan; Dyah Ochtorina Susanti
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i3.356

Abstract

Technological advancements have increased financial access through financial technology (fintech) services, particularly peer-to-peer (P2P) lending, yet these developments also present significant risks. Illegal online lenders (pinjol) often misuse personal data and employ intimidating debt collection practices, while large-scale data breaches, such as those involving BPJS Kesehatan, Tokopedia, and Kredit Plus where 890,000 customer records were allegedly leaked and sold highlight the urgent need for effective debtor protection. This research employs a normative juridical method using statutory, conceptual, and historical approaches to examine the legal framework for debtor protection against doxing practices. The findings show that legal protection is crucial to maintaining stability, security, and user trust in fintech services. Protection mechanisms are divided into internal measures, which regulate transparency, fair treatment, confidentiality, and risk management, and external measures provided by authorities through law enforcement, administrative sanctions, and dispute resolution. Despite the existence of the Personal Data Protection Law (PDP Law), the Information and Electronic Transactions Law (ITE Law), and Financial Services Authority (OJK) regulations, regulatory disharmony, weak supervision, and low public awareness hinder effective protection. Strengthening PDP Law enforcement and explicitly prohibiting doxing practices in OJK regulations are recommended.
Shifting Meaning of State Losses in BUMN Based on the Business Judgment Rule Principle Fona Kartika Listiyapuji; Dyah Ochtorina Susanti; Firman Floranta Adonara
Rechtenstudent Vol. 6 No. 2 (2025): Rechtenstudent August 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i2.361

Abstract

State-owned enterprise faces complex business dynamics, including the risk of state losses due to managerial decisions. The Business Judgment Rule (BJR) principle serves as the basis for legal protection for the direction to make business decisions with professional freedom, as long as the decisions are made in good faith, with caution, and without conflict of interest. However, the application of this principle in Indonesia is still inconsistent, as seen from cases such as Pertamina and Merpati Nusantara Airlines which show heterogeneity in the assessment of the legal responsibility of directors. The focus of this study is: first, to find the meaning of state losses in the context of State-owned enterprise based on the BJR principle; and to formulate a concept so that the BJR doctrine is not misused. The study uses a normative juridical method (research law) with a doctrinal approach to examine changes in the meaning of state losses in State-owned enterprise based on the Business Judgement Rule.
MEANING OF BANK SECRETS AFTER THE ENACMENT OF LAW NUMBER 9 OF 2017 ON STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NO. 1 OF 2017 ON ACCESS TO FINANCIAL INFORMATION FOR THE INTERESTS TAXATION INTO LAW Jamilatus Sholihah; Dyah Ochtorina Susanti; Ermanto Fahamsyah
NOTARIIL Jurnal Kenotariatan Vol. 3 No. 1 (2018)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.3.1.639.38-46

Abstract

Abstract The national economic development in Indonesia is inseparable from the banking role. The existence of the stipulation of Government Regulation in Lieu of Law (PERPU) Number 1 of 2017 on Access to Financial Information for Tax Purposes will certainly affect the regulation of the banking sector in particular related to bank secrets. The establishment of the Perpu appears to have attracted the attention of the government to immediately pass it into law. It is proven which on 23 August 2017 President Joko Widodo has authorized the Perpu to become a law through Law Number 9 of 2017 on Stipulation of Government Regulation in Lieu of Law (PERPPU) Number 1 of 2017 on Access to Financial Information for Tax Purposes into the Law -What. The policy is a form of Indonesia's commitment to participate in the automatic exchange of information globally for tax purposes. The automatic opening of bank secrets for tax purposes will certainly affect the previous banking arrangements, especially those related to bank secrets. Therefore, in order to avoid overlapping arrangements, the state of Indonesia needs to harmonize all regulations relating to bank secrets and the opening of bank secrets for tax purposes. Keyword: Banking Secrecy, Taxation.
THE VALIDTY OF CREDIT AGREEMENT WITH COLLATERAL LAND AND BUILDING LETTER C Dyah Ochtorina Susanti; Herowati Poesoko; Nuri Hidayati
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1208.65-72

Abstract

This study aims to determine the legality of credit agreement made with a guarantee of land and building proof of ownership of Letter C without the existence a Power of Attorney Charging Mortgage (SKMHT), Giving Deed Mortgage (APHT), and Mortgage Certificate (SHT). This study used a normative juridical research method with a statutory approach, conceptual and case. The credit agreement that has been made is stated and affects the law with the agreement that among the creditors (PNM) and the debtor (Komsatun) followed by the completion of the investment object, this was only in accordance with the 1320 Civil Servants Court. As for land and building of Letter C which was made as a courtesy agreement credit is displayed nothing happens and canceled as for law becase is not following madate paragraph 10 (3) UUHT, that letter C land to be used as a mortgage then the dependent can still be possible while giving it at same time with the process of applying for a land mortgage. Based on the result of the study, it can be concluded that the Credit agreement which made by the ownership of letter C of land and buildings guarantee without any binding for the notarial deed/PPAT in form of SKMHT, APHT, and SHT is official and binding according to law. Because of the credit agreement which already made according by agreement by the creditor (Bank PNM Ulam) and the debtor (Komsatun) followed by submission of money as an agree-ment project.
NOTARY RESPONSIBILITY IN CHECKING HALAL CAUSA REQUIREMENTS ON OBJECTS PROMISED Dyah Ochtorina Susanti
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.5.1.1728.24-32

Abstract

This research is motivated by there is a case of cancellation (null and void) of an authentic deed made by a notary because it does not meet the halal causa requirements. This study aims to analyze and find the form of liability of the Notary in halal causa requirements on the promised object. The results of the study using the normative legal research with the statute approach, conceptual approach, and comparative approach. The results of this study showed that the form of legal liability of the Notary in examining halal causa requirements on the agreed object, namely using the type of liability based on fault, because if halal causa requirements are not fulfilled in the authentic deed which results in the deed being null and void, then it is mistakes of Notaries as officials who are authorized to make and be responsible. At the end of this study, the researcher also provided advice to the government to updated Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position by adding clauses related to the Notary's obligation to check the legal terms of the agreement; as well as advice to the Notary to be more careful, thorough, careful, not taking sides in checking halal causa requirements in the object of the agreement.
Co-Authors A'an Efendi A. Junaidi Abdillah Aan Efendi Aan Efendi A’an Efendi Abdul Hafid Firdaus AHMAD SUHAIMI Ahmad Tholabi Ainul Azizah Ainun Najib Amalia Putri Vairus Ananto Setyo Utomo Andini , Pratiwi Pusphitho Anggita, Sheila Novia Arini Ayatik Aristanti, Diana Auliya Safira Putri Auliya Safira Putri Auliya Safira Putri Ayudya Rizqi Rachmawati Azzahra, Mutiara A’an Efendi A’an Efendi A’an Efendi A’an Efendi A’an Efendi Bakhouya Driss, Bakhouya Cahyaningrum, Lulik Tri Chairil Lailia Maharani Devayanti, Rania Ayang Dewi Indriani Dominikus Rato Dominikus Rato Dominikus Rato Efendi, A'an Efendi, Aan Efendi, A’an Eka Susylawati Eka Susylawati Elliani Sudjana Emi Zulaika Ermanto Fahamsyah FARAH NIZRINA AULIA Fendi Setyawan Fendi Setyawan Fendy Setiawan Ferdiansyah Putra Manggala Firman Floranta Adonara Fona Kartika Listiyapuji Galuh Puspaningrum Habibah Rizqo Haldin Perdana Putra Hamzah, Moh. Hayfa, Jessenia Helmi Septianto, Dea Herowati Poesoko, Herowati Honainah Honainah Ido Gustiawan Putra Jamilatus Sholihah Kinanty, Sastra Kris Kumala Sari, Nuzulia Kusumaningrum, Yuli Dinata Madani, Nadea Nur Shofia Maudyna Fitria Moh Aqil Syofiyullah Moh. Ali Moh. Reza Dedi Putra Mohammad Arief Amrullah Mohammad Fasholli Nur Huda Muhammad Fatoni Kurniawan Nurfitria, Ida Nurhayati Nurhayati Nuri Hidayati Nuri Hidayati Nury Khoiril Jamil Nuzulia Kumala Sari Nuzulia Kumala Sari Nuzulia Kumala Sari Poesoko, Felly Felmmy Dwi Renaningtyas Putri, Auliya Safira Putri, Rita Ristyanda Rachmad Yusuf Augus Theo Riadi Rahayu, Siti Ayu Rahmadi Indra Tektoka Rahmadi Indra Tektona Rahmadi Indra Tektona Rahmadi Tektona Ramadani, Mohammad Fadli Rania Ayang Devayanti Restu Adi Putra Rita Ristyanda Putri Selvi Nurma Fitriani Shoimah, Siti Nur Sholihah, Jamilatus Siti Ayu Rahayu Siti Nur Shoimah Siti Nur Shoimah Siti Nur Shoimah Siti Nur Shoimah Siti Nur Shoimah Slamet Ervin Iskliyono SRI ASTUTIK Suci, Ivida Dewi Amrih Sudarsono Suhariningsih Suparman Suparman Suwardi Suwardi Suwardi Tektoka, Rahmadi Indra Widiyanti, Ikarini Dwi Yuli Dinata Kusumaningrum Yusuf Ibrahim, Muhammad