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Choice of Islamic Law in Settlement of International Economic Disputes Lita, Helza Nova; Azis, Norazlina Abdul; Mahmutovic, Adnan; Harrieti, Nun; Hidayat, Romidon
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14058

Abstract

The freedom to choose forum institutions and legal options in resolving business disputes is a freedom to contract exercised by national and international business actors, likewise in settling Islamic economic business disputes. This freedom of contract is recognized both in the principles of international trade law and Islamic law. The present development of sharia business transactions at the national and international levels does not rule out the possibility of disputes in its implementation. The consistency of implementing Islamic economics also concerns the choice of Islamic law, which is used as a choice of law for international business actors in case of a dispute between them. Studying how specific Islamic law can be applied to each country's national law is interesting. This article will discuss how Islamic law can be chosen to settle international business disputes using a normative juridical approach. Choice of law is the law the parties choose to resolve disputes between them, which can be expressed in their business contracts. The choice of law chosen by these parties in the settlement of international business disputes will also be closely related to the principles of Private International Law in harmonizing with the provisions of the National Law of each country. There needs to be mutual agreement from both countries, as well as international forums or institutions, especially international trade institutions, to support the recognition of the application of Islamic legal principles in resolving international business disputes through international agreements both bilaterally and multilaterally.
Paradigma Baru Kelembagaan Koperasi Melalui Pentahelix Lewat Pemanfaatan Marketplace Patricia Mutiara Karinta; Tarsisius Murwadji; Helza Nova Lita
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 3 No. 1 (2026): Januari : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v3i1.1563

Abstract

Civil servants (ASN) entering retirement represent a strategic human resource asset for national development; however, their potential is often underutilized due to an institutional vacuum. This study identifies this fundamental problem as manifesting in two dimensions: the absence of a cohesive structure among the retired community and the lack of a structure that systematically connects them to the economic empowerment ecosystem. Consequently, the transition from active service to a productive retirement period presents a significant challenge. The purpose of this research is to design an effective institutional forum model to serve as a facilitative bridge. The analysis employs a framework integrating three pillars: Mochtar Kusumaatmadja's Development Law Theory as the philosophical foundation, Ansell and Gash's Collaborative Governance concept as the governance paradigm, and the Pentahelix model as the operational framework. This study proposes a multi-stakeholder collaborative forum designed to synergize the roles of government, industry, academia, communities, and the media. The primary recommendation is the establishment of a formal entity functioning as an incubator and accelerator. This entity is intended not only to address the economic needs of retirees but also to align with the country's constitutional mandate to achieve sustainable social welfare.