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The Development of Siyasah Maliyah in Enhancing Community Welfare through MSMEs Syafruddin Syam; Cahaya Permata
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5432

Abstract

Micro, Small, and Medium Enterprises (MSMEs) play a vital role in enhancing community welfare, necessitating the development of siyasah maliyah (economic governance). This requires central and regional governments to establish policies that involve non-governmental institutions such as the Indonesian Ulema Council (MUI) and Mosque Prosperity Boards (BKM) in MSME development to improve societal welfare. This study aims to examine the role of MSMEs in promoting welfare, understand and elaborate on the synergy between MUI and BKM in MSME development, and analyze the siyasah maliyah concept concerning their roles in welfare enhancement through MSMEs. Utilizing doctrinal research with conceptual and statutory approaches, legal materials were gathered through document studies, then processed, analyzed, and qualitatively described. The findings reveal that MUI and BKM can synergize effectively in developing MSMEs, with six forms of synergy identified: coordinative, consultative, resolutive, enlightening, empowering, and socializing. Both institutions significantly contribute to empowering the Muslim community's economy and improving welfare through MSME initiatives. The government must formulate policies as part of siyasah maliyah development, engaging non-governmental institutions like MUI and BKM in fostering MSMEs. Such efforts are critical to ensure government policies on welfare improvement address not only income growth and fiscal management but also community empowerment and collaboration with non-governmental entities to bolster MSME growth and enhance public welfare comprehensively.
Perlindungan Hukum terhadap Kreditur dalam Eksekusi Objek Jaminan Fidusia Pascaputusan MK No. 2/PUU-XIX/2021 Perspektif Ḥifẓ al-Māl Billy Prasetyo; Cahaya Permata
AL-SULTHANIYAH Vol. 15 No. 2 (2026): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v15i2.5640

Abstract

Following Constitutional Court (CC) Decision Number 18/PUU-XVII/2019, as reinforced by CC Decision Number 2/PUU-XIX/2021, the enforcement of fiduciary security has undergone changes as a consequence of the interpretation of Article 15 of Law Number 42 of 1999 concerning Fiduciary Security. Creditors can no longer unilaterally enforce fiduciary security when there is no agreement regarding the occurrence of default and the voluntary surrender of the collateral object by the debtor. This study aims to examine the legal protection afforded to creditors in the enforcement of fiduciary security objects following CC Decision Number 2/PUU-XIX/2021. This study employs a normative legal research method using a statute approach and a conceptual approach. The results show that CC Decision Number 2/PUU-XIX/2021 affirms that fiduciary security may be enforced when the debtor acknowledges the occurrence of default and voluntarily surrenders the collateral object. This condition is considered not yet fully consistent with the principle of ḥifẓ al-māl, as the protection of the creditor’s property has not been optimally realized. Delays in the enforcement of collateral objects have the potential to cause losses to creditors due to a decline in the economic value of the collateral.