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Behavior analysis of MSMEs in Indonesia using fintech lending comparative study between sharia fintech lending and conventional fintech lending Nurbaiti Nurbaiti; Asmuni Asmuni; Andri Soemitra; Imsar Imsar; Siti Aisyah
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 9, No 4 (2023): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020232273

Abstract

The presence of sharia financial technology (fintech) as a credible financial institution is expected to be able to help the problems that are often faced by Micro, Small and Medium Enterprises (MSMEs) in Indonesia. This study aims to determine whether there are differences in the behavior of MSME actors in the use of sharia fintech lending and conventional fintech lending. The research method used in this research is normative legal research by analyzing the laws and regulations as well as relevant studies through the issues in the study. This study uses a statutory and conceptual approach, both of which function to analyze the applicable legal rules so that differences can be found between conventional and sharia peer to peer lending fintechs and the extent to which sharia rules are applied in these fintechs. This study concludes that Islamic fintech plays a role as a driving factor in increasing the inclusiveness of Micro, Small and Medium Enterprises (MSMEs) in Indonesia. The presence of the sharia fintech industry can overcome the problems of Micro, Small and Medium Enterprises (MSMEs) in Indonesia, especially related to financing needs, ease of transaction processing, expansion of market access, and ease of preparation of financial reports.
Protection of Women from Sexual Violence: Reconciling Gender Justice from an Islamic Perspective Atikah Rahmi; Asmuni Asmuni; Nurasiah Nurasiah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4161

Abstract

Empirical facts show that the number of sexual violence in various forms is increasing, while victims still experience difficulties in obtaining protection which is the responsibility of the State. Sexual violence experienced by women is a manifestation of historical inequality in power relations between men and women and is a structural obstacle to achieving social justice, peace and sustainable self-development. The aim of this research is to analyze the protection of women from acts of sexual violence that fulfills the benefits and is gender equitable for women. Through a normative juridical method with a statutory approach and legal principles, research was conducted sourced from secondary data, reinforced by interviews coded via NVivo R1. The results of the research show that the strong patriarchal viewpoint in Indonesian society gives rise to gender inequality and is a contributing factor to sexual violence against women. Sadly, this action is still considered an immoral act by some people. Victims still experience revictimization due to society's mindset that does not side with women as victims and instead blames them for triggering sexual violence. For this reason, it is hoped that all elements of society will no longer be permissive regarding the issue of sexual violence, so that efforts are needed to make socio-cultural changes in Indonesia, one of which is through gender reconciliation by applying the principle of mubindah in life. So that sexual violence can be eliminated and victims can be protected.
Menggali hukum perkawinan yang melakukan kecurangan Nusra Arini; Asmuni Asmuni; Nawir Yuslem
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 10 No. 1 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020242604

Abstract

Marriage registration is important for the validity of a marriage because it will provide legal protection and guarantee the rights arising from marriage. Marriages with falsified registration as in this study are sirri marriages where the husband and wife consciously take legal action in the form of forging marriage books. This paper describes the problems, firstly marital status with its falsified recording from the perspective of positive law and Islamic law. Second, the judge's legal considerations. Third, legal protection of rights arising from marriages without registration. The research method used is analytical descriptive. The results of the study show that: First, marital status with falsified records from the perspective of positive law and Islamic law (in this case the Compilation of Islamic Law) is valid and has legal force. However, there are negative implications for the non-fulfillment of the wife's rights as a result of divorce, if the excerpt of a marriage certificate that has been decided by the District Court has no legal force/fake is used as evidence in a divorce case at the Religious Court. Second, the Judge at the Religious Court in his legal considerations stated that even though the marriage certificate was fake, this certificate was made consciously and is known together. The Mataram District Court Judge in his legal considerations was a decision regarding an alleged unlawful act in the form of a fake marriage certificate, not a decision that annulled the marriage. As for marriages carried out without registration, the state cannot provide legal protection unless there is material truth that can be proven in court.