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Kepatuhan bank syariah di Indonesia dalam menjalankan kegiatan usahanya terhadap ketentuan syariah compliance Mohammad Ghufron Az
Jurnal Cakrawala Hukum Vol 11, No 2 (2020): August 2020
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v11i2.4396

The focus of this research is on the compliance of Islamic banks in Indonesia in carrying out their business activities to the provisions of sharia compliance. The main objective of this research is to analyze the compliance of Islamic banks in Indonesia in carrying out their business activities against the provisions of sharia compliance as stipulated in the law on Islamic banking. The normative juridical approach and the empirical juridical approach were used in this study. The result of the research shows that in formal juridical terms it has been regulated in the law concerning Islamic Banking that in its operations, Islamic banks must continue to carry out Islamic principles as a whole (kaffah) and consistently (Istiqamah). The principle of prudence Sharia banks must deviate from the sharia principles that should be adhered to. As in the Mudharabah and Musyarakah Agreements, according to sharia principles, Islamic banks are not allowed to require collateral, because with the guarantee conditions the Mudharabah and Musyarakah agreements become null and void by law. If there is no guarantee, then the protection for the bank is very weak because there will be a lot of bad financing that will eventually harm the people who deposit funds in Islamic banks. Guarantee in the Mudharabah and Musyarakah agreements to prevent non-performing financing and in order to protect the people who deposit funds.How to cite item: Ghufron Az, M. (2020). Kepatuhan bank syariah di Indonesia dalam menjalankan kegiatan usahanya terhadap ketentuan syariah compliance. Jurnal Cakrawala Hukum, 11(2), 187-193. doi:https://doi.org/10.26905/idjch.v11i2.4396

Asas kebebasan berkontrak dan perlindungan konsumen dalam kontrak baku pada internet banking Sagi Janitra; Mohammad Ghufron Az; Diah Aju Wisnuwardhani
Jurnal Cakrawala Hukum Vol 12, No 3 (2021): Desember 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i3.7361

For customers, internet banking service facilities provide the advantage of being able to make online payments. Internet banking also provides accommodation for banking activities through computer networks anytime and anywhere quickly, easily, and safely because it is supported by a strong security system, especially for those who are always busy managing their finances. As for the formulation of the problem in this paper, how is the use of the principle of freedom of contract in standard contracts on internet banking seen from the point of view of Law Number 8 of 1999 concerning consumer protection and what is the legal protection for internet banking users for the contents of the standard contract? The result of this research is that the standard agreement on internet banking in its contents must be in accordance with the legal bases and articles that have been regulated in Law Number 8 of 1999 concerning Consumer Protection, where the agreement is not allowed if it harms the party implementing the agreement standard which in this case is a customer or debtor and the Bank is responsible for carrying out all obligations contained in the Banking Act, also in the Consumer Protection Act. The bank is also responsible for losses suffered by customers, whether they arise due to system errors or due to errors made by bank officers. A bank can only be released from its responsibilities after fulfilling its performance and paying compensation to the customer, or if the loss is due to the customer's fault or due to a compelling situation.How to cite item: Janitra, S., Ghufron Az, M., Wisnuwardhani, D. (2021). Asas kebebasan berkontrak dan perlindungan konsumen dalam kontrak baku pada internet banking. Jurnal Cakrawala Hukum, 12(3), 334-343. doi:https://doi.org/10.26905/idjch.v12i3.7361.

Tinjauan yuridis terhadap sistem alih daya (outsourcing) pada pekerja di Indonesia Suyoko Suyoko; Mohammad Ghufron AZ
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5780

The practice of outsourcing at this time is increasingly being carried out by both entrepreneurs and outsourcing service providers themselves. Along with the development of industrial labor relations with an outsourcing system, it creates many negative things for the development of workers / laborers. Many workers' rights are neglected by companies that use outsourcing services. The issues raised are how the regulation regarding the outsourcing system for workers in Indonesia and how legal protection for outsourcing workers in Indonesia. The results of this research are that the regulations regarding the outsourcing system in Indonesia are contained in Article 64 to Article 66 of the Manpower Act, where in 2020 after the issuance of Law Number 11 of 2020 concerning Job Creation there are changes regulated in Article 81 numbers 18 to 20. Legal protection for outsourced workers / laborers in the work copyright law is regulated in Article 81 point 20, however until now the implementing regulations of this article have not been issued by the Government.How to cite item: Suyoko., Ghufron AZ, M. (2020).Tinjauan yuridis terhadap sistem alih daya (outsourcing) pada pekerja di Indonesia. Jurnal Cakrawala Hukum, 12(1). 99-109.doi:10.26905/idjch.v12i1.5780.

Kajian Yuridis mengenai Rahasia Bank untuk Kepentingan Perpajakan Irma Suryani; Mohammad Ghufron AZ; Dewi Astutty Mochtar
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Legality for tax officers to know customer data, without having to get approval from Bank Indonesia, enough through the approval of the Minister of Finance is regulated by Law Number 9 of 2017 concerning Access to financial information for tax purposes. This research examines how the regulation regarding customer data information at financial institutions after the issuance of Law Number 9 of 2017 concerning Access to Financial Information for Taxation Purposes and how is legal certainty regarding bank secrecy after the issuance of Law Number 9 of 2017 concerning Access to Financial Information for Purposes Taxation. This study uses a normative juridical approach. This approach focuses on examining laws and regulations concerning confidential customer data information as well as book material in the form of books and other legal journals related to these issues. The result of this research is that after the issuance of Law Number 9 of 2017 concerning Access to Financial Information for tax purposes, the taxation authorities have full authority and authority in accessing each customer’s data from banks and the principle of bank secrecy related to customer data protectionafter the issuance of Law Number 9 of 2017 concerning Access to Financial Information for Taxation Purposes is still ongoing and applies as long as it is outside of what is stipulated in the law.

Tinjauan yuridis terhadap pengaturan terkait pekerja harian lepas Rakhman Candra Suryaningrat; Mohammad Ghufron Az; Supriyadi Supriyadi
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): August 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.5813

Workers / laborers are often extorted by employers with relatively small wages. An employment relationship is basically a relationship between a worker / laborer and an entrepreneur after a work agreement is made. The formulation of the problems discussed in this paper is how to regulate freelance daily workers in Indonesia and how to resolve disputes related to work agreements for casual daily workers in Indonesia. The result of the research on the formulation of the problem is that the regulation regarding freelance workers / laborers is regulated in statutory regulations, in law number 13 of 2003 concerning manpower in Article 56 to Article 59, but there are several articles amended by -Law Number 11 of 2020 concerning work copyright. Settlement of disputes between employers and workers / casual daily laborers can be resolved first by deliberation to reach a consensus in accordance with what has been stipulated in Article 136 paragraph (1) of Law Number 13 of 2003 concerning Manpower, but if deliberation efforts to reach consensus cannot be reached then the management and workers / laborers or trade / labor unions resolve industrial relations disputes.How to cite item: Suryaningrat, R., Ghufron Az, M., Supriyadi, S. (2021). Tinjauan yuridis terhadap pengaturan terkait pekerja harian lepas. Jurnal Cakrawala Hukum, 12(2), 213-222. doi:https://doi.org/10.26905/idjch.v12i2.5813

Pemenuhan Hak bagi Narapidana berupa Upah Kerja pada Lembaga Pemasyarakatan di Indonesia Saharuddin Saharuddin; Mohammad Ghufron Az
Bhirawa Law Journal Vol 3, No 1 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i1.7986

One form of guidance for inmates is training in the field of skills that will be very useful for the prisoner's life after leaving / being released from the correctional facility. Every prisoner has the right to receive a wage or premium for the work he has done. The formulation of the problem raised is how the arrangements regarding the provision of wages / premiums for inmates who work in prisons and whether the granting of rights in the form of wages / premiums for inmates who work in prisons has fulfilled the principle of justice. The research method used is normative juridical, namely research using primary legal materials in the form of laws and regulations, secondary legal materials in the form of literature related to the rights of prisoners in correctional institutions, especially those related to work wages. The result of this research is that the regulation regarding the rights of prisoners, especially those related to the provision of wages, is Article 14 of Law Number 12 of 1995, Government Regulation of the Republic of Indonesia Number 32 of 1999 and Decree of the Minister of Justice of the Republic of Indonesia Number. M.01-PP.02.01 Year 1990. According to the author, the percentage of wages to inmates has met the principle of justice considering that in addition to getting wages, prisoners also get training regarding skills which later can be used as provisions when leaving the correctional institution for free.

Prinsip Tanggung Jawab Pengangkut Pada Pengangkutan Laut Di Indonesia Muhammad Hatta; Dewi Astutty Mochtar; Mohammad Ghufron AZ
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

The carrier as the operator of transportation plays an important role in smoothing the flow of goods and people from one place to another. The safety of goods must be accounted for both to the delivery of the goods and to the parties concerned / interested. In the operation of transporting goods by sea, there is a possibility that losses will beincurred or it can also be called the risk that will always arise. Risks that arise can occur during the process of shipping, loading or unloading or storage. This study uses a normative juridical approach, which analyzes existing legal materials such as laws and regulations, regulations related to the transportation of goods in the field and international agreements. This research examines how the process of carrying out the transportation of shipping goods by sea and how the principle of the responsibility of the carrier in sea transportation according to Law No. 17 of 2008 on shipping. The results of this study consisted of various stages, namely the stages of preparation, loading, transportation, unloading, and completion. Article 57 point 28 of the Job Creation Law requires every ship to have a ship safety certificate. The responsibility ofthe carrier is regulated in Articles 40 and 41 of the Shipping Law and in Article 477 of the Indonesian Commercial Code.

Legal Problems Related to Mineral and Coal Mining Permits Abdillah Dalimunte; Mohammad Ghufron AZ; Supriyadi Supriyadi
Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i1.9872

The issues that will be discussed in this research include what are the legal implications of transferring the authority to issue mining permits after the latest publication and what are the regulations regarding mining permits after mining permits are issued. The purpose of this study is to provide a review of legal changes related to the Mineral and Coal Mining Law. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. As a result of the transfer of the issuance of mining permits to the central government, it appears that this is aimed at unraveling licensing issues which will later facilitate the investment climate in Indonesia so as to increase Indonesia's economic growth. The impact that occurs is the authority owned by the local government where currently the local government does not have attributive authority in terms of issuing mining permits. Harmonization of Mining Business Permit arrangements means seeking conformity or harmony between laws and regulations so that overlapping regulations do not occur and as a process of establishing laws and regulations to address conflicting matters among the legal norms that have been in effect.How to cite item: Dalimunte, Abdillah, Mohammad Gufron AZ, Supriyadi, â€œLegal Problems Related to Mineral and Coal Mining Permits.â€ Jurnal Cakrawala Hukum 14 no. 1 (2023): 76-85. DOI: 10.26905/idjch.v14i1.9872.

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