Ro’fah Setyowati
Faculty of Law, Diponegoro University

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THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA Islamiyati Islamiyati; Ahmad Rofiq; Ro’fah Setyowati; Dewi Padusi Daengmuri
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (801.949 KB) | DOI: 10.14710/dilrev.4.2.2019.226-243

Abstract

Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of  waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of  the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes  the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf  meaningful in the society. The legal reform  of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.
SHARIA GOVERNANCE ON ISLAMIC BANKING: SPIRITUAL RIGHTS PERSPECTIVE ON CONSUMER PROTECTION IN INDONESIA Ro’fah Setyowati; Lastuti Abubakar; Nunung Rodliah
Diponegoro Law Review Vol 2, No 1 (2017): Diponegoro Law Review April 2017
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (422.478 KB) | DOI: 10.14710/dilrev.2.1.2017.227-244

Abstract

Governance is a trait that should be attached to the institutions that perform public services. In Islamic banking, known as sharia governance, so that the principles of sharia could be optimized. But in reality, the Islamic banking practices do not meet the basic principles of the sharia governance. Based on these problems, this paper aims to examine in depth about the urgency of sharia governance; further it also explore the intersection between the sharia governance with the concept of spiritual rights for consumers. This paper using a philosophical approach, juridical, and practical. The result of this study, as a right, that right of spiritual need to get the guaranteed protection of the implementation of sharia governance. Attention to these spiritual rights protections needed to build the Islamic banking industry has high credibility, in order to gain public confidence. Credibility is meant is that if customers have confidence that Islamic banking upholds Islamic principles in operation