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All Journal NOTARIUS Jurnal Mahasiswa Fakultas Hukum Arena Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat JURISDICTIE Jurnal Hukum dan Syariah Jurnal Ilmiah Hukum LEGALITY Widya Yuridika Jurnal Aplikasi Dan Inovasi Ipteks SOLIDITAS Sakina: Journal of Family Studies Legal Spirit Batulis Civil Law Review Peradaban Journal of Law and Society Warkat
Rumi Suwardiyati
Fakultas Hukum Universitas Brawijaya
Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Warkat

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Status Hukum Privatisasi Anak Perusahaan Badan Usaha Milik Negara Di Bidang Usaha Sumber Daya Alam (Perkara Nomor 61/PUU-XVIII/2020): The Legal Standing Regarding Privatization Of Subsidiary Of State-Owned Enterprises In Natural Resources (A Juridical Analysis of the Case Number 61/PUU-XVIII/2020) Nugroho, Hayyu Rahmanda Adi; Dewantara, Reka; Suwardiyati, Rumi
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.5

Abstract

This research departs from the regulatory provisions regarding privatization of a subsidiary under State-owned Enterprises that are deemed to have a legal loophole that may lead to multiinterpretations because the existing regulation has not specifically governed this matter. Privatization of the subsidiary as mentioned above is intended to give legal protection to the members of the public in line with the statement ‘natural resources are controlled by the state for the benefits of the people’. With normative-juridical methods, statutory, case, and analytical approaches, this research aims to investigate whether the subsidiary under the State-owned Enterprises can be privatized by the Government and how the synchronization of the regulation governing privatization towards the State-owned Enterprises in natural resources is performed. The primary and secondary materials were analyzed using the library technique. The analysis referred to the A Contrario argumentative technique and systematic interpretation technique. This research concludes that the subsidiary under the state-owned Enterprises can be privatized as long as it does not deactivate the authority of the state to control the subsidiary to ensure that this approach is not deviating from the objective to bring the welfare to the people. Not only can the concept of the control of the state be seen based on private ownership but it may also involve policies, administration, regulation, management, and supervision for the welfare of all people.
Perjanjian Baku Pembiayaan Murabahah Perbankan Syariah Indonesia Hamidah, Siti; Sukarmi; Yuliati; Suwardiyati, Rumi
Warkat Vol. 2 No. 2 (2022): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v2n2.4

Abstract

Buying and selling products with murabahah contracts are ranked first in financing practices in Indonesian sharia banks but receive particular attention regarding conformity with sharia principles and the position of consumers from a consumer protection perspective. In the framework of realizing "implementation and development of risk management, prudential principles, good corporate governance & sharia compliance" as well as encouraging the creation of a regulatory union, contract standards, products and transactions, in accordance with the recommendations of the Islamic Finance Service Board (IFSB), a study is needed to analyze the suitability of murabahah financing agreements in sharia banking in Indonesia with Islamic law and positive law. Through legal research, a study was carried out on Indonesian sharia banking murabahah contracts based on the legal principles that should be the basis. From the results of the analysis of murabahah financing contract clauses, there are several clauses that do not comply with Islamic law and positive law (Consumer Protection law and Civil law), including those relating to down payments (urbun), actions when customers are in trouble, as well as promising something that is uncertain. For the future. Likewise, based on the Consumer Protection Law, it does not support the creation of consumer protection which contains elements of legal certainty and information disclosure as well as access to information (Article 3 (d) UUPK). Apart from that, it also conflicts with consumer rights as regulated in Article 4 UUPK.
Analisis Yuridis Aset Kripto Sebagai Objek Gadai Di Indonesia Putra, Zullfikri Ensa; Wicaksono, Setiawan; Suwardiyati, Rumi
WARKAT Vol. 4 No. 1 (2024): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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This research aims to analyze the regulation of Crypto Assets as collateral in Indonesia, as well as examine whether Crypto Assets meet the characteristics as collateral objects according to KUHPerdata, KUHD, and POJK No. 31/POJK/05/2016 concerning Pawnshop Business Jo SE OJK No. 52/SEOJK.05/2017 regarding the Implementation of Conventional Pawnshop Business Activities. This study employs a normative juridical method with statute approach and conceptual approach. Legal materials will be analyzed using descriptive analytical techniques. The author found that Crypto Assets have gained legal recognition as a commodity asset with the issuance of Minister of Trade Regulation No. 99 of 2018. However, positive law in Indonesia still does not provide legal certainty regarding Crypto Assets as collateral. Crypto Assets can be categorized as intangible movable property according to KUHPerdata and KUHD. Crypto Assets also have economic value as they can be assessed or valued in terms of money. The author recommends that the government update SE OJK No. 52/SEOJK.05/2017 to include Crypto Assets as one of the collateral objects in Indonesia.
Co-Authors A Halim Ahmad, Azlin Alisa Dararida Fandra Mahira Dwi Benny Satria Dwithia H.P., Zora Febriena Galib, Andi Muhammad Ganindha, Ranitya Hanif Nur Widhiyanti, Hanif Nur Hidayat, Fitri Mufidatul Ma’sumah Muhammad Luthfi Nugroho, Hayyu Rahmanda Adi Prischa Listiningrum Putra, Zullfikri Ensa Ranitya Ganindha Reka Dewantara Reka Dewantara Rizqi Bachtiar Rustam, Riky Setiawan Wicaksono, Setiawan Siti Hamidah Siti Rohmah Sukarmi Tiara Maharani, Tiara Yenny Eta Widyanti