Borkat Halomoan Siregar
UIN Sunan Kalijaga Yogyakarta

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HAK, KEDUDUKAN DAN PENYELESAIAN SENGKETA DALAM PEMBIAYAAN LEASING: STUDI MANDALA FINANCE KECAMATAN RUMBIA LAMPUNG TENGAH Rajali Batubara; Borkat Halomoan Siregar
Jurnal Ilmiah Mahasiswa Raushan Fikr Vol 9 No 1 (2020): Jurnal Ilmiah Mahasiswa Raushan Fikr
Publisher : Lembaga Kajian dan Pemberdayaan Mahasiswa UIN Prof. KH. Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jimrf.v9i1.6624

Abstract

This article examines rights, positions and dispute resolution in leasing financing at Mandala Finance Rumbia, Central Lampung. This research used a normative juridical approach which is a legal study carried out by a search process for various literatures and regulations that have relevance to the research problem being investigated. The results show that the rights and obligations of the parties are the same as the mechanism. This leasing financing usually refers to a standard agreement, in which the lessor has provided the form of the agreement, while the lessee is limited to take it or leave it. The consequence of this standard agreement is that the rights and obligations as well as the responsibilities contained in this agreement are more borne by the lessee. As for the settlement of disputes on leasing financing through peaceful means, Alternative Dipute Relations are consultation, consolidation, negotiation, Mediation (Arbitration), Arbitration, as well as using and using litigation with the Court. In the practice of leasing at Mandala Finance, Rumbia Subdistrict, Central Lampung, a lease that has been given legal force registered as a fiduciary card and confiscation is carried out to secure the basis of the auction, that the debtor has delivered the goods based on the letter of delivery of the goods to the creditor. Keywords: Leasing Financing, rights and obligations, and dispute resolution This leasing company is defined as a non-bank financial institution that has a function similar to that of a conventional bank, namely as a source of financing. This leasing itself can carry out financing in the form of goods, which means that these goods can be paid in installments. Leasing is an alternative for individuals or companies who lack capital to fulfill the desired goods, such as motorized vehicles. This type of research is a normative juridical approach which is a legal study carried out by a search process for various literatures and regulations that are related to the research problem being investigated. The results show that the rights and obligations of the parties are the same as the mechanism. This leasing financing usually refers to a standard agreement, in which the lessor has provided the form of the agreement, while the lessee only agrees (take it or leave it). The consequence of this standard agreement is that the rights and obligations as well as the responsibilities contained in this agreement are mostly borne by the lessee. As for dispute resolution on leasing financing through al-sulh, Alternative Dipute Relations, namely consultation, consolidation, negotiation, Mediation (Arbitration), Arbitration, as well as using and using litigation with the Court. In the practice of leasing at Mandala Finance, Rumbia District, Central Lampung, namely a lease that has been given legal force registered as a fiduciary card and confiscation is carried out to secure the basis of the auction, that the debtor has delivered the goods based on the letter of delivery of the goods to the creditor.
Giving Grants from Parents to Their Children According to the Compilation of Islamic Law and the Civil Code Borkat Halomoan Siregar; Ahmad Rezy Meidina
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 5 No 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.3192

Abstract

This article examines the gifts that parents give to their children. Grants in the perspective of classical fiqh are giving an object voluntarily and without reward from someone to another who is still alive to own it. The concept of grants is currently changing, in practice, many grants that are given are then canceled by the grantor for various reasons, for example, the recipient of the grant has bad behavior or has a spendthrift spirit. This was known after the grant was given. Even though the person previously displayed good behavior but then changed with the changing times. Fundamentally, the author is interested in this research, using a statute approach by examining the Civil Code and the Compilation of Islamic Law as well as Government Regulation Number 37 of 1998 concerning regulations for the position of Land Deed Making Officer. The research method used is Normative juridical with the aim that writers and readers can find out about the arrangements for granting and the legal consequences of canceling a grant according to the Compilation of Islamic Law and the Civil Code and provide several benefits, namely for scientific development in the field of law in general, as well as contributing thoughts and understanding of grantmaking.