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All Journal LAW REFORM Al-Kharaj: Journal of Islamic Economic and Business International Journal of Educational Research and Social Sciences (IJERSC) Journal of Social Research
Try Widiyono
Unknown Affiliation
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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 1 
Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law Widiyono, Try; Khan, Md Zubair Kasem
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.48393

Abstract

Acquisition of land rights has been a protracted issue due to the complexity of land laws and regulations in Indonesia. This situation often leads to illegal land disputes and conflicts. This research investigated the aspect of legal certainty in land rights based on Indonesian laws and regulations. This study focused on the aspects of legal certainty in several laws and regulations related to land rights and examined the implications of the Law on Land Acquisition and Government Regulations (PP) of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration. The research methods involved a qualitative approach with a normative and juridical approach. The research results highlight significant progress in recent regulations, such as the Perppu Cipta Kerja 2022 and PP 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, regarding more efficient and transparent procedures in providing legal certainty in obtaining the rights above ground. This finding implies the need for continuous improvement to strengthen legal certainty and to protect the rights of all parties. This research emphasizes the importance of harmonizing laws and regulations to create a conducive environment for the responsible and sustainable acquisition of land rights in Indonesia.
Procedures For Resolving Islamic Economic Disputes In Indonesia Raihan, Nur; Widiyono, Try
Al-Kharaj: Journal of Islamic Economic and Business Vol. 7 No. 4 (2025): All articles in this issue include authors from 3 countries of origin (Indonesi
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v7i4.7725

Abstract

This research is titled Efforts to Resolve Sharia Economic Disputes at the Central Jakarta Religious Court through a case study of Decision No. 634/Pdt.G/2024/PA. JP. The purpose of this research is to delve deeper into the procedures and basis for judges' considerations in deciding case number 634/Pdt.G/2024/PA. JP at the Central Jakarta Religious Court. Then to find out the views of Sharia Economic Law on the basis of consideration by the Central Jakarta Religious Court Judge in deciding a case that declares the validity and value of Defendant II's non-Muslim property as a guarantee for the payment of obligations from Defendant I. This research uses a normative method with a juridical approach, examining laws and regulations, court decisions, and related literature. Based on the research method, a study was produced that revealed that in principle the procedure for resolving sharia economic disputes at the Central Jakarta Religious Court is the same as other courts in Indonesia, starting from the registration of the case by the plaintiff, the examination of the file and the determination of the panel of judges, the summoning of the parties (plaintiff and the defendant), the first hearing and peace efforts (mediation), the reading of the lawsuit, the defendant's answer (exception and subject matter), Replica of the plaintiff, duplicate of the plaintiff, proof, conclusion of the parties, deliberation of the panel of judges, reading of the decision and legal remedies if any. However, there are separate rules in the Central Jakarta Religious Court such as divorce. The final conclusion of this study is that the settlement of sharia economic disputes at the Central Jakarta Religious Court has been carried out in accordance with positive legal procedures and sharia principles, although there are still some challenges in its implementation.
The Legal Position of the Indonesian Ulema Council in Applying the Principles of Islamic Law in Islamic Banking Operations in Indonesia Widiyono, Try
Journal of Social Research Vol. 3 No. 9 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i9.2261

Abstract

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles.
Risks In Provision Of Collateral Free Individual Loans: A Case Study Of Bank Rakyat Indonesia Parid, Parid; Widiyono, Try
International Journal of Educational Research & Social Sciences Vol. 4 No. 4 (2023): August 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i4.689

Abstract

Collateral Free Loans is a bank loan product offered by banks as lenders with the advantage that customers as prospective borrowers are not asked to provide collateral or guarantees in the form of any assets as a condition for being able to borrow money. The advantage of this loan is that someone can apply for credit without guaranteeing their goods. However, the absence of collateral in granting credit sometimes creates problems for the parties, especially the bank as the lender. This study aims to answer the question of how the risk is in providing individual loan without collateral carried out by Bank BRI, and how the application of the prudential principle in managing the risk of individual loans without collateral at Bank Rakyat Indonesia (BRI). This is a qualitative research with a case study approach. Data collection is done by interviews, observation and documentation. The results of this study indicate that the risks faced by banks in efforts to provide individual loan without collateral are 3 factors. The first is non-compliance with the standard requirements for granting credit which includes data collection, data analysis and preparation of conclusions and recommendations. Second, the authenticity of important documents that must also be attached is sometimes doubted. Third, the occurrence of irregularities in paying debts by the payer/treasurer. To minimize the risk of lending, BRI applies the prudential principles in accordance with banking laws through credit analysis which consists of 5 (five) principles, namely character, capital, capacity, condition, and collateral, with an emphasis on 2 aspects, namely character and capacity. These two principles are in line with the fiduciary principle and prudential principle in banking law.
Co-Authors Khan, Md Zubair Kasem Parid, Parid Raihan, Nur