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PERBANDINGAN KONTRAK JUAL BELI ELEKTRONIK MENURUT HUKUM POSITIF DAN HUKUM ISLAM Dimas Dwi Arso; Edytiawarman Edytiawarman; Slamet Muljono
Justitia et Pax Vol. 37 No. 1 (2021): Justitia et Pax Volume 37 Nomor 1 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i1.3278

The purpose of this research is to find out and analyze the provisions of Islamic Law in buying and selling transactions in electronic contracts as well as legal protection of the parties in buying and selling transactions via electronic. Normative legal research is used in this study, because this research will examine and analyze various laws and regulations concerning sale and purchase agreements made via electronic based on positive law and Islamic law. The results of the research, namely agreements or transactions electronically in Indonesia, have generally been regulated by positive law, in particular the provisions regarding the engagement set out in Book III of the Civil Code and the Agreement in general, and are regulated in the electronic information and transaction regulation. Whereas in the applicable Islamic law in Indonesia, although this electronic transaction is not specifically regulated, the rules contained in Islamic law can be accommodated in terms of electronic transactions. However, in practice in the field there may be deficiencies related to electronic transaction activities, for example regarding legal protection for consumers / buyers. For this reason, it is necessary to make more specific regulations related to legal protection in terms of electronic transactions, considering that the electronic trading system is always increasing its transaction activities and it is necessary to establish an association of merchants / sellers electronically, especially sellers who use social networking media, so that parties merchand is more detectable.

Permasalahan Surety Bond Sebagai Jaminan pada Pengadaan Konstruksi Milik Pemerintah di Universitas Bengkulu Nurhani Fithriah; Edytiawarman Edytiawarman; Slamet Muljono; Dimas Dwi Arso
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.885

This research aims to identify and analyze the existence of a Surety Bond as a guarantee in the procurement of government-owned construction, to analyze cases that arise in a Surety Bond as a guarantee in a government-owned construction procurement application, and to identify and analyze the application of a Surety Bond as a guarantee in construction procurement. at Bengkulu University. The research method was tested empirically and sociologically, information was obtained by means of a literature review and field research using direct interviews with parties involved in taking action against the research object's problems. The research results show that the existence of the Surety Bond as a guarantee in the procurement of government-owned construction is an indemnity agreement, the surety acts as a guarantor and is equal to the principal debtor who has the obligation to pay off his debts to the obligee together. If the guarantor is the principal who for some reason is negligent or negligent in fulfilling the obligation to complete the work promised to the obligee, the surety will guarantee on behalf of the guarantor who pays compensation up to the maximum amount determined by surety. Surety Bond as a guarantee in the government's construction procurement application is related to the transfer of risk, where the risk will shift to a third party (Insurance Industry). If the principal is negligent in carrying out its obligations, the surety who wants to pay the damages to the oblige (project owner) matches what is stated in the suretyship. The time limit for payment of compensation is within 14 working days after the guarantor receives notification of non- compliance of PPK or ULP. The application of the Surety Bond application as a guarantee in the procurement of construction at the University of Bengkulu was tried with the branch insurance industry. The branch insurance industry did not provide the guarantee to the head office in Jakarta, so the Head Office in Jakarta refused to pay the claim.

Penerapan Asas Mempersulit Proses Perceraian Pada Persidangan di Pengadilan Agama Bengkulu Slamet Muljono; Edytiawarman Edytiawarman; Dimas Dwi Arso; Nurhani Fithriah
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.365

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. But in reality, there are still many households that end up in divorce. To prevent divorce in the household, positive marriage law in Indonesia adheres to the principle of complicating divorce, the application of which is manifested in the necessity for reasons as regulated in law and divorce can only be made with a decision to file will be implemented at the time of the divorce process in court Religion. This research aims to understand the application of the principle of complicating divorce in the Bengkulu Class 1A Religious Court, with the following problems: What are the factors causing the divorce in the Bengkulu Class 1A Religious Court and, how does the implementation of the principle complicate the divorce process in the divorce trial at the Bengkulu Religious Court. For the purposes of this study, empirical research methods are used, which directly search for data in the field. In analyzing the field data, sociological analysis and normative analysis were used to obtain comprehensive analysis results. Based on the results of field research, it was concluded that divorce in Bengkulu was generally based on economic reasons, and consecutively due to domestic violence, and reasons for having an affair. Of the reasons put forward by the parties who filed for or sue for divorce, most of them are due to economic reasons.

INVENTORY OF TRADITIONAL PROPERTY OF BESEMAH TRIBE IN JOKOH SUB-DISTRICT, DEMPO DISTRICT, PAGAR ALAM CITY Dimas Dwi Arso; Edytiawarman Edytiawarman; Slamet Muljono
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

This research aims to know and understand the utilization of heritage in indigenous peoples in Besemah tribe, and to know and understand the efforts of indigenous peoples in the tribe of Besemah to preserve their inheritance. In this study the author used an empirical approach by conducting interviews on Jokoh and the head of Adat in the village of Jokoh. As for the material interviewing is about the existence of heirloom in the tribe of Besemah covering anything, then conducted analysis of the legal certainty given to the Adat law community when there is a violation committed of Adat heirloom and how the procedure is done in conducting the management of the estate so that later known the level of awareness of the law of indigenous peoples to its inheritance. The results of the research is the inheritance in indigenous peoples in the tribe of Besemah consisting of the House of Baghi, Tanah, and Keris Serunting Sakti. Then the efforts of indigenous peoples to the people of adat in preserving their inheritance is by doing traditional ceremonies that are attended by community leaders, people's people, and rural residents. As in the house Baghi there is a pillar-set ceremony (Sedekah Negah Ka Tiang), the ceremony of raising a cam (Sedekahnupload Mubungan), ceremony occupies the house (Sedekah Nunggu Ghumah), and the ceremony to test the house (Sedekah Nyimak Ghumah). In addition to the keris, the traditional ceremony is done as a ritual of bathing the Kris as an apology and forgiveness to the almighty for all the mistakes that have been done and ask for all the efforts made in order to Get ease in various things, cheap sustenance, healthy community prosperous, and safe village

CASE STUDY OF CLAIM AGAINST VIOLENCE IN HOUSEHOLD IN RELIGION COURT OF CLASS I A BENGKULU Edytiawarman Edytiawarman; Slamet Muljono; Dimas Dwi Arso
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 1 (2020): April 2020
Publisher : Universitas Bengkulu

This study aims to determine what factors cause one of the parties to commit domestic violence and how is the judge's consideration in completing the case for divorce due to domestic violence in the Class I A Bengkulu Religious Court. In this study the authors use a normative juridical approach, also called research on doctrinal law that is the law conceptualized as what is written in the legislation or law conceptualized as a rule or norm which is a benchmark of human behavior that is considered appropriate. In this study, what was sought was the decision of the Bengkulu Class Religion Court in deciding the case for divorce due to domestic violence. In this study the authors used a type of descriptive research, which is to provide as much detailed data as possible about human conditions or other symptoms. This descriptive method is intended to obtain a good, clear picture and can provide as much detailed data as possible about the object under study. In this case to describe the divorce due to domestic violence. The results of this study are expected to be used as a reference in conducting legal counseling in the city of Bengkulu to increase community legal awareness that domestic violence is contrary to applicable laws and regulations and as a reference material for the enrichment of civil law teaching materials in general and marriage law in general. especially.

Implementasi Putusan Mahkamah Konstitusi Tentang Kedudukan Anak Luar Kawin Di Wilayah Pengadilan Agama Kelas 1A Bengkulu Dan Dinas Kependudukan Dan Catatan Sipil Kota Bengkulu Dimas Dwi Arso; Edytiawarman Edytiawarman; Slamet Muljono; Nurhani Fithriah
Legal Spirit Vol 6, No 2 (2022): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v6i2.3751

The decision of the Constitutional Court Number 46/PUU-VIII/2010 regarding the legal status of children out of wedlock, decided that: Children born out of wedlock only have a civil relationship with their mother and their mother's family as well as with a man as their father which can be proven based on science. and technology and/or other evidence according to the law having a civil relationship, including a civil relationship with his father's family, has raised pros and cons not only among the public, but also among law enforcement and the Indonesian Ulema Council. This study aims to determine and analyze (1) the implementation of the Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the Position of Out-of-Marriage Children in the Class 1A Bengkulu Religious Court Area and the Bengkulu City Population and Civil Registry Office, (2) legal consequences of Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the position of children out of wedlock to the rights of children out of wedlock, and the opinion of the Judge of the Bengkulu Class 1A Religion Court. 46/PUU-VIII/2010 concerning the position of children out of wedlock. The research method was carried out empirically and normatively. The data used are primary data and secondary data. Primary data was obtained by means of direct interviews with parties related to handling the problem of the object of research, while secondary data was obtained by means of library research. The results of the research are expected to serve as input for decision makers and society in general. Field results show that until now there has never been an application for determination of the position of a child out of wedlock in the area of the Religious Court Class 1A Bengkulu, and if there is an application for the determination of a child out of wedlock, an examination and proof will be carried out regarding the origin of the child, while for the Department of Population and Records The Bengkulu City Civil Service is only for disfiguring and administering the child status determination which has been determined by the Bengkulu Class 1A Religious Court. The legal consequences of Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the position of illegitimate children with respect to the rights of children born out of wedlock only have a civil relationship with their mother and biological father and the families of their father and mother, but only have a kinship relationship with their mother and with their mother's family, while to his biological father and his father's family, the child is not related by lineage. The opinion of the Indonesian Ulema Council of Bengkulu City is in line with the opinion of the Indonesian Ulema Council which issued a fatwa that the Constitutional Court Decision No. 46/PUU-VIII/2010 Regarding the Position of Children Out of wedlock to the rights of children out of wedlock that children resulting from adultery do not have nasab, marriage guardian, inheritance, and nafaqah relationships with men resulting in their birth. Children resulting from adultery only have kinship, inheritance, and nafaqah relationships with their mothers and their mother's family

Studi Tentang Teori-Teori Hukum Islam yang Berhubungan dan Mendukung Keberadaan Peradilan Agama di Indonesia Sirman Dahwal; Dimas Dwi Arso
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 8, No 1 (2023): Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/imr.v8i1.8035

It is necessary to study Islamic legal theories that relate to and support the Religious Courts in Indonesia as Islamic family courts that grow and develop in resolving disputes fairly, especially for the Indonesian Muslim community. This writing aims to discuss legal theories that support the existence of the Religious Courts in Indonesia and the history of the Religious Courts in Indonesia from before independence until now. The method in this research is normative legal research. The discussion is directed to material analysis of Islamic legal theories and the arguments and principles of fiqh, which form the basis of thinking. The results of research on the existence of the Religious Courts in Indonesia are proven by supporting legal theory, receptive in complex theory, reception theory, sensory exit theory, receptive a contrario theory and other theories that have developed to help the existence of the Religious Courts and existing regulations such as Law no. 7 of 1989 which has been amended by Law no. 3 of 2006, then amended again by Law no. 50 of 2009 concerning the Religious Courts and Compilation of Islamic Law with Presidential Decree No. 1 of 1991, as well as Decree of the Minister of Religion No. 154 of 1991 concerning the Implementation of the Compilation of Islamic Law, it is hoped that a new chapter will begin for the History of the Development of the Religious Courts in Indonesia. Saat ini perlu dikaji teori-teori hukum Islam yang berhubungan dan mendukung Peradilan Agama di Indonesia sebagai peradilan keluarga Islam yang tumbuh berkembang dalam menyelesaikan sengketa secara adil, khususnya bagi masyarakat muslim Indonesia. Adapun tujuan penulisan ini yaitu membahas Teori-teori hukum yang mendukung keberadaan Peradilan Agama di Indonesia, dan sejarah Peradilan Agama di Indonesia sejak sebelum kemerdekaan hingga sekarang ini. Metode dalam penelitian ini adalah penelitian hukum normatif. Pembahasan diarahkan kepada analisis materi teori-teori hukum Islam serta dalil-dalil dan kaidah-kaidah fikih yang menjadi landasan berpikir. Adapun hasil penelitian keberadaan Peradilan Agama di Indonesia dibuktikan dengan teori hukum yang mendukung, teori receptie incomplexu, teori receptie, teori receptie exit, teori receptie a contrario dan teori lain yang berkembang mendukung keberadaan Peradilan Agama serta peraturan yang eksis seperti Undang-undang No. 7 Tahun 1989 yang telah diubah dengan dengan Undang-undang No. 3 Tahun 2006, kemudian diubah lagi dengan Undang-undang No. 50 Tahun 2009 tentang Peradilan Agama dan Kompilasi Hukum Islam dengan Inpres No. 1 Tahun 1991, serta Keputusan Menteri Agama No. 154 Tahun 1991 tentang Pelaksanaan Kompilasi Hukum Islam, diharapkan mulai babak baru bagi Sejarah Perkembangan Peradilan Agama di Indonesia.

Pendekatan Inovasi Pembelajaran Berbasis Studi Kasus untuk Meningkatkan Keterampilan Berpikir Kritis pada Mata Kuliah Wajib Keperdataan di Prodi Hukum Universitas Bengkulu EDYTIAWARMAN EDYTIAWARMAN; DIMAS DWI ARSO; NURHANI FITHRIAH; SITI HATIKASARI
Indonesian Journal of Social Science Education (IJSSE) Vol 6, No 1 (2024): Januari
Publisher : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/ijsse.v6i1.3998

This study aims to determine and analyze case study-based learning innovations that are applied to improve critical thinking skills and the obstacles faced in the implementation of case study-based learning innovations in compulsory civil affairs courses at Bengkulu University Law Study Program. The research method is conducted with empirical juridical research. The result of the research is that this case study-based learning innovation can be applied well. Students are given various kinds of cases to discuss in groups by analyzing cases and being associated with legal theories. However, there are obstacles encountered in the implementation of case study-based learning innovations in the compulsory civil affairs course at the Bengkulu University Law Study Program, namely students who do not have sufficient preparation to analyze the cases given because of their low willingness to read books and follow the development of existing cases.

Implementing Accessibility Principles in Alternative Dispute Resolution for Sharia Economic Disputes in Indonesia Nurhani Fithriah; Dimas Dwi Arso; Arini Azka Muthia
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 10, No 2 (2023): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v10i2.3010

The growth of Sharia-based businesses in Indonesia has prompted both bank and non-bank financing institutions to adhere to Sharia principles, establishing a framework of rights and obligations with consumers. Imbalances in this relationship occasionally result in defaults, leading to dispute resolution through litigation and alternative methods. This research, utilizing a normative approach, specifically delves into the accessibility principle within alternative dispute resolution (ADR) for Sharia economic disputes in Indonesia. Accessibility, a pivotal ADR tenet, is examined in the context of Basyarnas (National Sharia Arbitration Board), where its effectiveness relies on information and understanding levels between consumers and Sharia financial institutions. Basyarnas-MUI emerges as a potential community choice for Sharia dispute resolution, with envisioned enhanced accessibility through regional representative offices. Conversely, challenges in accessibility are noted in APS Institutions under OJK auspices, impeding public participation. Mandatory mediation in disputes adjudicated by religious courts offers an accessible avenue for dispute resolution. However, persistent obstacles exist in implementing the accessibility principle for alternative Sharia economic dispute resolution in Indonesia, particularly concerning constraints on out-of-court dispute resolution governed by standard contracts for economic activities

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