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Maman Suparman
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Pengaruh Hukum Adat terhadap Hukum Kewarisan Islam di Indonesia Maman Suparman; Andi Achmad Zulkarnaen
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.70

Abstract

Islamic law experts since classical times have actually been aware of the problem of the influence of customary law on Islamic law. Even though they do not view custom as an independent source of law, these legal experts still recognize the effectiveness of custom in the process of legal interpretation. In the methodology of Islamic law (ushul al-fiqh), custom ('uruf/adah) is accepted as a source of law developed from the rational mind (ra'yu) in addition to qiash, ikhtihsan and istislah. In other words, customary law has a place in Islamic law as long as it does not conflict with the sources of revealed law, namely the Qur'an and Hadith. Acceptance of customs on the basis of public benefit is always considered a necessity for operating the Islamic legal system which is always required to be able to reconcile various interests and solve problems that arise in society and far from the birthplace of the Islamic legal system. This journal writing uses a normative juridical approach method. With the result that a harmonious relationship between Islamic law and customary law had existed long before the Dutch colonialists set foot on the archipelago. Dutch colonial legal politicians who always sharply contrasted Islamic law with customary law were not supported by the realities of society.
Peluang dan Tantangan Bank Syari’ah di Indonesia dalam Era Globalisasi Zaenal Arifin; Maman Suparman; Andi Achmad Zulkarnaen
Advokasi Hukum & Demokrasi (AHD) Vol. 2 No. 2 (2024): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v2i2.74

Abstract

Since enforcement of Law No. 7, 1992, the Syariah Bank started in knowing by Indonesian society and more developed by Law no. 10, 1998. so that there are two kinds of banking principles in this country, that is the conventional banking principle and the Syariah banking principle. The difference of both, in transaction of credit, the Syariah Bank doest not pick up interest from debitor or customer. We may say, from where or what is return for the Syariah Bank? The return is produced by cooperation between creditor (The Syariah Bank) with debtor or customer comprising of mudharabah, that is financing based on principle of income sharing; financing based on capital participation (musharakah); the principle of sale and purchase in goods which gets fortune (murabahah); financing of goods capital based on pure hire without option (ijarah) or in option to transfer ownership of hired goods/property from party of banker to the other party (ijarah wa igtina). Thus, there are dualistic banking principles in Indonesia Nonetheless, contradiction is none. Its sphere is freedom of choice for customers in accordance with their like without prohibition by governing legislation.
Pertanggungjawaban Notaris terhadap Akta Otentik yang Dibuat Dihadapannya: Studi Kasus Putusan Nomor 247/Pdt.G/2021/Pn Ckr Suparman, Maman; Sudirman, Dodi
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i3.64

Abstract

Notaries in carrying out their duties and responsibilities are required to always apply the principle of caution, this is intended so that notaries can provide the best service to the public, and also notaries who do not apply the principle of caution can be subject to sanctions. The large number of notaries makes the competition among notaries increasingly tight and sometimes makes notaries less careful in carrying out their profession. Therefore, the emergence of this journal as an effort to discuss the main issue, namely how the accountability of a Notary towards authentic deeds made by or in front of them. The type of research used in this study is normative juridical, which is a research method by examining and analyzing secondary data. The research results show that authentic deeds as products of Notaries have very strong legal force as evidence in court, therefore the preparation of authentic deeds must be accountable if there are errors in their writing. Thus, the making of authentic deeds must be accountable.
Perlindungan Hukum terhadap Pembeli yang Beritikad Baik Terkait Jual Beli Tanah dan Implikasinya: Studi Kasus Putusan Mahkamah Agung, Nomor 2943/K/Pdt/2016 Suparman, Maman; Pratama, Panji
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 3 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i3.65

Abstract

The issue of buying and selling cannot be separated from everyday community life, and good intentions in buying and selling are crucial factors. This ensures that buyers with good intentions will receive legal protection in accordance with applicable laws and regulations. Good intentions in buying and selling are closely related to land transactions, as land plays a vital role in national development. This raises the question of the position of buyers with good intentions in land transactions carried out by PT Jasa Marga (Persero) and the position of legal entities acquiring land rights. This study uses a normative juridical research method. The position of PT Jasa Marga (Persero) in the purchase of a piece of land under SHM Number 3147 in the name of Dewi Astuti is seen as a buyer with good intentions. Despite the legal defect in the object of the transaction due to the issuance of a certificate based on a fake document, which fails to meet the objective requirements of an agreement, PT Jasa Marga (Persero) is considered a bona fide buyer. Therefore, they should receive legal protection under the prevailing laws. The legal consequences of the ownership of the land acquired by PT Jasa Marga (Persero) through the transfer of rights between Dewi Astuti and PT Jasa Marga (Persero) are invalid. As a legal entity, PT Jasa Marga (Persero) cannot have ownership rights to land in the form of full ownership; a legal entity can only have land rights under certain conditions, such as the Right to Cultivate, Right to Build, and Right to Use as stipulated in Article 30, Article 36, and Article 42 of UUPA Number 5 of 1960.
Pembatalan Putusan Badan Arbitrase Nasional Indonesia Berdasarkan Pasal 70 Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa Ditinjau dari Sifat Final dan Mengikat: Studi Kasus Putusan Nomor: 104 B/Pdt.Sus-Arbt/2019 Diah Yulinda wulandari; Maman Suparman
Jurnal Hukum dan Demokrasi (JHD) Vol 24 No 4 (2024): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v24i4.75

Abstract

The application of the provisions of Article 70 of Law Number 30 of 1999 has resulted in inconsistent interpretations and no firm rules. On the other hand, BANI's decision is final and binding. However, it is not uncommon for parties who are dissatisfied with the arbitration award to file a lawsuit to annul the BANI decision to the district court. This legal research is classified as normative juridical research which aims to examine legal certainty based on literature studies (documents or library research), case approaches, and applicable positive law. The results of this thesis research show that the cancellation of BANI's decision through Decision Number: 104 B/Pdt.Sus-Arbt/2019 was based on allegations that it contained elements contained in Article 70 of Law Number 30 of 1999, namely that after BANI's decision was taken, documents were found that decisive, which was deliberately hidden by Shimizu Corporation and PT. Hutama Karya. Thus, the annulment of the BANI decision Number 854/V/ARBBANI/2016, clearly and clearly includes the reasons for the cancellation of the arbitration award and the judge's considerations regarding the annulment of the BANI Decision through Decision Number: 104 B/Pdt.Sus-Arbt/2019, of the opinion that the claim proposed by Shimizu Corporation and PT. Hutama Karya to BANI, it was proven that there were several documents that were not submitted by Shimizu Corporation and PT. Hutama Karya, however, if the document is submitted, BANI's decision will be different or at least it will not grant the demands of Shimizu Corporation and PT. Hutama Karya in whole or in part, in this case, includes claims regarding fluctuations in the rupiah exchange rate.
Co-Authors Adi Ganda Putra Anda Lusia, Anda Andi Achmad Zulkarnaen Diah Yulinda wulandari Fahlevie, Rinaldi Agusta Hengki Siahaan Herman, KMS Hery Widijanto Mukhfid Nanang Herdiana Nurmawati, Bernadete Pandji Pratama panji pratama Sahwalita Sahwalita Sudirman, Dodi Toto Triantoro Wahyuni Damayanti Zaenal Arifin