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Sharia Banking Rights and Obligations in Implementing Musyarakah Agreements Based on Indonesian Law Faisal Faisal
International Journal Reglement & Society (IJRS) Vol 1, No 1 (2020): May-August
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v1i1.4

Islam brings a view or way of life that regulates all aspects of human life, so there is no single aspect of human life apart from Islamic teachings, both from the legal aspect to the economic aspect. In this modern era, economic activity will not be perfect without the existence of a banking institution, this banking institution is also a must. This agreement gives birth to the engagement so that it can be called a contract. This research uses a type and research approach using normative legal research (normative juridical). Normative legal research is also called doctrinal legal research, where law is conceptualized as what is written in statutory regulations (law in books). Legal research aims to identify and describe the state of something regarding the existence of legal norms and the operation of legal norms in society. Based on the objectives of legal research, the tendency of the nature of the research used is descriptive. Based on Article 4 paragraph (3) letter a of Bank Indonesia Regulation Number 19/4 / PBI / 2017 concerning Sharia Short-Term Liquidity Financing for Sharia Commercial Banks, Financing Assets must meet the requirements, one of which is financing with a mudharabah contract, a musyarakah contract, and / or a contract. ijarah non service. That the rights and obligations (Bank and mudharib), among others, provide capital and work based on the agreement at the time the contract is made, gain profits based on the agreed ratio, bear losses in proportion to the capital, the first party (syarik) is obliged to promise to sell all hishshah gradually and the second party (syarik) is obliged to buy it; and after completion of sales settlement, all LKS hishshah switch to other syarik (customer).

The Use of Cash Waqf Funds and Its Various Legal Problems in Indonesia Faisal Faisal
International Journal Reglement & Society (IJRS) Vol 2, No 2 (2021): May - August
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v2i2.126

Cash waqf is waqf carried out by a person, group of people, and institutions or legal entities in the form of cash. In the fiqh literature it is stated that the Hanafi school has practiced this waqf in society. In Islamic society in general cash waqf has long been practiced, but the contract still mentions land waqf. For example, the construction of a mosque requires a plot of land with an area of 500 square meters, with a price of 50,000,000; then the land is divided into 500 lots. Thus, obtained the price of 100 per meter. Furthermore, it is marketed to the wider community for land waqf by way of per meter with an affordable value, and the wakif pays according to the number of meters he wants to waqf. Today, by looking at the times, and something that cannot be avoided anymore about the importance of money (in the form of cash) in transactions, the Indonesian ulema. The procedure used to collect data in this study is in the form of documentation, namely the guidelines used in the form of notes or quotes, searching for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method (centent analysis method) which is carried out by describing the material of legal events or legal products in detail in order to facilitate interpretation in the discussion. According to Law no. 41 of 2004 concerning waqf and Government Regulation no. 42 of 2006 can be summarized several waqf concepts as follows. Waqf is a legal act of wakif to separate and/or surrender part of his property to be used forever or for a certain period of time in accordance with his interests for the purposes of worship and/or general welfare according to sharia. Waqf is carried out by fulfilling the elements of waqf. In the management of waqf, there are still various kinds of problems that lead to civil matters. Regarding civil issues, the relationship between humans and humans in daily practice can often lead to legal relationships, which in that relationship between one another will give rise to rights and obligations that must be fulfilled by the parties so that in legal terms it is known as material civil law. and formal civil law.

Nadzir's Responsibility for the Crime of Embezzlement of Waqf Assets by Other Parties Based on Indonesian Written Law Faisal Faisal
International Journal Reglement & Society (IJRS) Vol 1, No 2 (2020): September - December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v1i2.127

Law Number 41 of 2004 Article 11, states that: "Nadzir has the task of administering waqf assets, managing and developing waqf assets in accordance with their objectives, functions and designations, supervising and protecting waqf assets, reporting on the implementation of tasks to the Waqf Board. Indonesia". In Article 1 and Article 2 of the Regulation Government No. 28 of 2004 states that the purpose of waqf property is for the benefit of worship or other public interests in accordance with Islamic teachings. In practice, Nadzir often finds errors or omissions in carrying out his duties and functions as managers and supervisors of waqf assets. The crime of embezzlement of waqf property is not uncommon in Indonesia. For this reason, of course, Nadzir as supervisor and manager must have responsibility for these errors or omissions, responsibility for criminal acts of embezzlement in accordance with the laws and regulations in force in Indonesia. The procedure used to collect data in this study is in the form of documentation, namely the guidelines used in the form of notes or quotes, searching for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method (centent analysis method) which is carried out by describing the material of legal events or legal products in detail in order to facilitate interpretation in the discussion. The task of nadzir who has such a large responsibility emphasizes that waqf will not be able to run if nadzir cannot manage it. So it is clear that the functioning or not of the waqf is very dependent on the nadzir as the party who receives the waqf property to be managed and developed properly. Thus it can be said that nadzir as waqf manager must be better prepared in carrying out his duties, so that what the waqif wants can be accomplished. Nadzir in the Waqf Law has a very important position, in addition to being able to manage and develop waqf assets, nadzir can also determine the designation of waqf assets as long as the wakif does not determine it and if the wakif also agrees with the allocation of waqf assets proposed by nadzir. The importance of the position of nadzir in the process of waqf management in Indonesia is as an institution that plays a role in the long-term vision of the institution, so in its development the waqf law mandates that nadzir both institutions and individuals must be listed in the waqf pledge deed.

Legal Protection for Children as Victims of Trafficking in Persons Nursariani Simatupang; Faisal Faisal
International Journal Reglement & Society (IJRS) Vol 4, No 2 (2023): May - August
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v4i2.320

Trafficking of children is an act that takes away the human rights of children. Trafficking in children seizes children's freedom, destroys the period of growth and development of children. Child trafficking is closely related to solicitation and persuasion from perpetrators. On the other hand, child trafficking is also accompanied by acts of coercion and violence by actors against children. As victims of trafficking in persons, children are unable to fight back, both physically and mentally. Children experience helplessness that can damage their future. For this reason, it is necessary to provide legal protection for children as victims of trafficking in persons. The legal protection provided is in the form of punishment for perpetrators of child trafficking. The legal protection provided aims to ensure that children are guaranteed security, peace and prosperity during their growth and development period, so that children are able to become the next generation of the nation and become leaders of the nation in the future

ENHANCING THE LEGALITY OF SEX EDUCATION TO SAFEGUARD INDONESIAN CHILDREN FROM SEXUAL VIOLENCE Nursariani Simatupang; Faisal Faisal
Kanun Jurnal Ilmu Hukum Vol 24, No 1 (2022): Vol. 24, No. 1, April 2022
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v24i1.36452

Sexual violence against children is an abhorrent act that profoundly impacts their growth and development. To address this issue, the government has a responsibility to educate teenagers about sexual education, as outlined in article 136-137 of Law (UU) Number 36 of 2009, which focuses on Adolescent Health. However, despite these efforts, the prevalence of sexual violence continues to rise. One contributing factor is believed to be the lack of comprehensive sex education for children at an early age. Therefore, it is crucial to provide age-appropriate sex education to children, tailored to their developmental stage. This education aims to empower children to recognize and prevent acts of sexual violence. It includes teaching children about the importance of safeguarding and protecting their private body parts, establishing boundaries, and equipping them with procedures to protect their body and dignity. By implementing such measures, we can strive to create a safer environment for children and reduce the occurrence of sexual violence.

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