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Journal : ESOCHUM: Economics, Social and Humanities Journal

TINJAUAN HUKUM ISLAM TERHADAP PERLINDUNGAN HAK-HAK KONSUMEN Mukhlisin; Fetri Fatorina; Chamid Sutikno
Economics, Social, and Humanities Journal (Esochum) Vol. 2 No. 1 (2022): Economics, Social, and Humanities Journal (Esochum)
Publisher : Faculty of Social, Economics and Humanities

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Abstract

Trade activities that cause consumerism and the enactment of consumer protection laws in Indonesia cannot be separated because business actors cheat in trade using an economic system that is free of values, norms, and even religious norms, the most important being getting as much profit as possible, the next stage gives birth to a permissive culture, hedonic lifestyle, poverty in the midst of prosperity which is basically contrary to human values ​​and religious teachings. In contrast to the Islamic economic system, which is very contradictory, because it contains religious norms, which as a whole regulate the economic interests of individuals and society. Based on the above, the Islamic economic system prioritizes justice, unity, balance, freedom and responsibility in realizing prosperity for mankind. The approach used in this study is a juridical-normative approach. The method used in analyzing the collected data is the inductive method. The results of the research on the position of Law Number 8 of 1999 concerning Consumer Protection against the rules of Islamic law regarding consumer protection is as a reinforcement of the rules of Islamic law concerning consumer protection in its application in Indonesia. Consumer protection efforts have actually been implied and conceptualized in Islamic rules in every transaction. Then the rules were strengthened and reaffirmed in more detail in the rules of Law Number 8 of 1999 in terms of their application. If the two rules are truly applied to the fullest, it is not impossible for harmony, blessing, profit, protection of the rights of both parties to their respective interests to be achieved.
LEGALISASI SURAT KUASA OLEH KBRI (ANALISIS PUTUSAN KASASI NOMOR 659 K/AG/2010 TERHADAP SURAT KUASA KHUSUS BAGI WNI DI LUAR NEGERI) Abdullah Ahmad Mukhtarzain; Fetri Fatorina; Chamid Sutikno
Economics, Social, and Humanities Journal (Esochum) Vol. 2 No. 2 (2023): Economics, Social, and Humanities Journal (Esochum)
Publisher : Faculty of Social, Economics and Humanities

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Abstract

A special power of attorney made abroad has the same basic requirements as a power of attorney made domestically. The additional requirement for a special power of attorney made abroad is that there must be legalization from the Indonesian Embassy or local CONSULTATOR. The enactment of this regulation became the pretext for the defendant in the divorce case to appeal to the Semarang PTA against the Islamic civil case registration number 1304/Pdt.G/2009/PA-PWT. The defendant doubted the validity of the plaintiff's special power of attorney because there was no stamp or legalized stamp from the Indonesian Embassy (KBRI). The approach used is juridical-normative. The method used is data content-analysis and inductive-deductive. The findings of the Legalized research from the Embassy of the Republic of Indonesia (KBRI) or the Consulate General for Foreign Affairs are not a determinant of whether a special power of attorney is valid or not. Whether or not a special power of attorney is valid for Indonesian citizens who are abroad is determined by the fulfillment of the provisions of a special power of attorney in general as stated in SEMA Number 1 of 1971 in conjunction with SEMA Letter Number 6 of 1994 and the fulfillment of the provisions of an agreement contained in Article 1338 paragraph 1 Civil Code, Article 1320 Civil Code.
PERAN KOMISARIS DALAM RANGKA MEMBANGUN GOOD CORPORATE GOVERNANCE DI BANK PEMBIAYAAN RAKYAT SYARIAH Sugeng Riyadi; Fetri Fatorina; Endang Eko Wati
Economics, Social, and Humanities Journal (Esochum) Vol. 2 No. 2 (2023): Economics, Social, and Humanities Journal (Esochum)
Publisher : Faculty of Social, Economics and Humanities

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Abstract

BPRS has a clear organizational structure in accordance with its competence. One of the management in a BPRS is the existence of commissioners who contribute a lot in the development of a BPRS. BPRS will develop when the commissioners are able to carry out their roles properly. Vice versa, BPRS development will be hampered when the commissioners do not understand their role. The Board of Commissioners must be able to carry out good corporate governance to realize company performance, maintain good relations with stakeholders, and in the long term maintain the trust of shareholders and stakeholders so that the company's competitiveness in the business world can be maintained. This type of research uses normative juridical, namely research conducted by examining library materials which are secondary legal materials. The data analysis method applied in this research is qualitative analysis. The results of the study, in order to realize good GCG in the BPRS, it can be said that the board of commissioners is the core or heart of the BPRS governance system. The role of the board of commissioners is very important for the running of a BPRS. The board of commissioners is required to know and understand the regulations of the PT Law, the Sharia Bank Law, BI Regulations and Circulars, OJK Regulations and Circulars and DSN Fatwas. The commissioner in Law Number 21 of 2008 has a role as a supervisor of BPRS governance starting from supervising compliance with applicable laws to the process of evaluating BPRS governance. The explanation of the role of the BPRS is explained in article 29 of Law Number 21 of 2008 concerning Islamic Banking.