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Taking Over Consumptive Loans Without Collateral: (Research Study on Bank Syariah Mandiri Lhokseumawe) Faisal, Faisal; Maulana, Riki; Sulaiman, Sulaiman; Kunarti, Siti
Jurnal Dinamika Hukum Vol 23, No 1 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.1.3392

Abstract

The title of this research is taking over consumptive loans without collateral; (research study on Bank Syariah Mandiri Lhokseumawe). The approach method used is a qualitative descriptive approach. The results of the study, the implementation of the takeover of Multipurpose Micro credit of Bank Mandiri to Multipurpose financing of Bank Syariah Mandiri (BSM) by using a murabahah financing contract carried out by BSM Lhokseumawe Branch did not meet the pillars and contract requirements stipulated in the Sharia Economic Law Compilation. In the credit conversion process, it prioritizes the benefit aspect, namely leaving the disadvantages of the interest-based banking system towards the benefit of financing in Islamic banks in accordance with sharia principles. Expecting the importance of fulfilling sharia principles in the process of taking over credit without collateral from conventional banking into sharia banking products, the DSN-MUI needs to issue a fatwa to regulate the conversion of credit without collateral from conventional banking into sharia banking products.Keywords: consumer credit; financing; Islamic law, murabahah; sharia financial institution qanun.
Constitutional Court and Enforcement of Constitutional Rights in the Fourth Revision of the Mining Law Kusmayanti, Shanti; Ardhanariswari , Riris; Kunarti, Siti; Nasihuddin, Abdul Aziz
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.27481

Abstract

The fourth amendment to Law No. 4 of 2009 on Mineral and Coal Mining (Mining Law) has provoked widespread public criticism amid persistent mining-related problems, including land dispossession, environmental degradation, pollution, structural poverty, and the criminalization of local communities. These issues are intensified by the government’s limited responsiveness to public concerns, notwithstanding the Constitutional Court’s affirmation that state control over natural resources, as mandated by Article 33 of the 1945 Constitution, must constitute the fundamental basis for their management and utilization. This study aims to evaluate whether the fourth revision of the Mining Law has positive or negative impacts on society and the environment, and to examine the Constitutional Court's role in addressing constitutional issues arising from the law. The research employs a normative juridical approach, analyzing statutory regulations, supported by a literature review and a conceptual framework to interpret the principles of natural resource governance and environmental justice. The findings reveal that the revised Mining Law continues to contain substantial deficiencies, particularly regarding transparency, public participation, and the centralization of licensing authority at the national level. Such provisions weaken the role of local governments and restrict public oversight of mining activities. This study concludes that further harmonization of the Mining Law with constitutional principles is necessary, alongside strengthened environmental protection and a more inclusive policymaking process. In this regard, the Constitutional Court plays a crucial role as the guardian of the Constitution, ensuring that natural resource governance remains consistent with Article 33 of the 1945 Constitution and oriented toward sustainable and equitable prosperity.
Bridging the Participation Gap in Systematic Land Registration: Evaluating Legal Policy Implementation and Community Collaboration in Rural Indonesia for the Realization of Agrarian Reform Handayani, Sri Wahyu; Kunarti, Siti; Alwan, Muhammad Dzaki; Alawiya, Nayla
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.28860

Abstract

This study aims to analyze the implementation of the Community-Based Comprehensive Systematic Land Registration (PTSL+PM) policy and to evaluate the level of community participation in rural Indonesia.This study employs a mixed-methods approach with a socio-legal perspective integrating qualitative and quantitative analyses. Data were collected through field observations, in-depth interviews, Focus Group Discussions (FGDs), and questionnaires administered to 97 respondents in Samudra Kulon Village.Analysis was conducted using a theoretical framework of community participation and legal implementation to assess participation levels and policy effectiveness.The findings indicate that the implementation of the PTSL+PM program has proceeded in accordance with established procedures during the planning stage but has not been optimal during the physical and legal data collection stages due to technical and social constraints.The level of community participation falls into the high category, with an index of 2.81, reflecting a collaborative pattern between the government and the community.Nevertheless, this participation remains largely procedural and is not yet fully substantive, indicating the presence of a participation gap. This study concludes that the success of land registration policy implementation is determined not only by the regulatory framework but also by the quality of community participation and the associated social dynamics. Therefore, strengthening participatory mechanisms, enhancing the capacity of local institutions, and improving policy communication are necessary to increase the effectiveness of the PTSL program.