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The Effectiveness of Sharia Insurance Dispute Resolution Mechanisms in Promoting Sustainable Development Goals Yanova, Muhammad Hendri
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.137

The growth of the sharia insurance industry in Indonesia has given rise to new legal challenges, particularly in the development of dispute resolution mechanisms that are consistent with both sharia principles and national legislation. Alternative Dispute Resolution methods, such as mediation and arbitration, are considered more appropriate than litigation due to the unique nature of contracts and legal relationships in Sharia insurance. This study aims to evaluate the effectiveness of dispute resolution in the practice of sharia insurance in Indonesia and to assess the extent to which the existing legal framework ensures justice, legal certainty, and compliance with Islamic legal principles. This research employs a normative juridical method, using both the statute approach and the conceptual approach, to examine the relevant positive laws and Islamic legal doctrines governing dispute resolution in Sharia-based financial transactions. The findings reveal that strengthening the Alternative Dispute Resolution mechanism in sharia insurance disputes not only enhances access to justice and legal certainty but also directly contributes to the achievement of Sustainable Development Goal 16, which promotes peace, justice, and strong institutions. This study underscores the importance of harmonizing national law and Sharia norms in building a dispute resolution system that is fair, effective, and sustainable

Pembuktian Terbalik Dalam Perkara Tindak Pidana Korupsi Ditinjau Dari Asas Praduga Tidak Bersalah (Presumption of Innocence) Bayu Dwi Putra; Muhammad Hendri Yanova
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.79

This study aims to examine and analyze the regulation and application of the reverse evidence system in the Corruption Eradication Act. This research is a normative legal research, the nature of prescriptive research is to re-examine according to legal theory against norms that are considered still unclear. The results of this study indicate that the regulation of reverse proof of corruption begins with Law Number 3 of 1971 concerning the Eradication of Criminal Acts of Corruption which has explicitly included it in Article 17. In its development, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption also regulates the reverse evidence, namely in Article 37. However, the policy in the formulation of the reversed evidence has not been able to represent the circumstances and situations in handling corruption crimes at that time where corruption was an extraordinary crime that had caused financial losses. country. The issuance of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes provides a clearer policy direction than the previous law, namely by improving the formulation of reverse evidence. The implication of the reverse proof system with this change is that there are two types of reverse proof systems contained in the law on eradicating corruption, namely balanced limited reverse proof and pure/full reverse proof.

Pelanggaran Lalu Lintas Dengan Menggunakan Kendaraan Atas Nama Orang Lain Dalam Perspektif Nilai Keadilan Apriansya Sinatra; Wandi Saputra; Muhammad Hendri Yanova; M. Febry Saputra
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 3 (2022): Edisi Oktober 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i3.83

The goal to be achieved in this legal research is to find out about the position of ownership in imposing sanctions on vehicle owners for traffic violations through Electronic Traffic Law Enforcement by other people which reflects the value of justice. In this study, normative research is used, namely research that obtains legal materials by collecting and analyzing legal materials related to traffic violations by using vehicles on behalf of other people in perspective of the value of justice. The nature of the research in writing this thesis is the nature of prescriptive research, namely the nature of research that re-examines according to legal theory against norms that are considered to be vague (vage of norm) and finds ideal and most applicable answers. The results of this study indicate that: First, enforcement of traffic violations through Electronic Traffic Law Enforcement uses the CCTV feature to identify evidence of traffic violations. The data taken in the form of license plate numbers, types of vehicles, and types of violations identified. Second, the Electronic Traffic Law Enforcement system is still not equipped with a facial scan feature to determine whether the perpetrator of the violation is really the owner of the vehicle. In addition to vehicles detected by Electronic Traffic Law Enforcement, owners who do not commit violations must take legal action to prove their guilt.

Transformasi Bantuan Hukum Kepada Masyarakat Sebagai Manifestasi Keadilan Muhammad Hendri Yanova; Nifa Amisya Siraz
Jurnal Penegakan Hukum Indonesia Vol. 4 No. 3 (2023): Edisi Oktober 2023
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v4i2.113

Tujuan penelitian ini adalah menganalisis eksistensi bantuan hukum kepada Masyarakat sebagai manifestasi keadilan dan menganalisis transformasi bantuan hukum kepada Masyarakat apakah sudah mencerminkan nilai keadilan. Adapun metode penelitian yang digunakan adalah normatif. Sifat penelitian dalam penulisan ini adalah deskriptif. Hasil penelitian menunjukkan Pelaksanaan bantuan hukum terus mengalami transformasi tidak hanya sebatas secara konvensional. Saat ini sistem sudah masuk pada era society 5.0 yang dimana pelaksanaan bantuan hukum sudah dikemas dalam bentuk digitalisasi

The Effectiveness of Sharia Insurance Dispute Resolution Mechanisms in Promoting Sustainable Development Goals Muhammad Hendri Yanova
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.137

The growth of the sharia insurance industry in Indonesia has given rise to new legal challenges, particularly in the development of dispute resolution mechanisms that are consistent with both sharia principles and national legislation. Alternative Dispute Resolution methods, such as mediation and arbitration, are considered more appropriate than litigation due to the unique nature of contracts and legal relationships in Sharia insurance. This study aims to evaluate the effectiveness of dispute resolution in the practice of sharia insurance in Indonesia and to assess the extent to which the existing legal framework ensures justice, legal certainty, and compliance with Islamic legal principles. This research employs a normative juridical method, using both the statute approach and the conceptual approach, to examine the relevant positive laws and Islamic legal doctrines governing dispute resolution in Sharia-based financial transactions. The findings reveal that strengthening the Alternative Dispute Resolution mechanism in sharia insurance disputes not only enhances access to justice and legal certainty but also directly contributes to the achievement of Sustainable Development Goal 16, which promotes peace, justice, and strong institutions. This study underscores the importance of harmonizing national law and Sharia norms in building a dispute resolution system that is fair, effective, and sustainable

The Effectiveness of Sharia Insurance Dispute Resolution Mechanisms in Promoting Sustainable Development Goals Muhammad Hendri Yanova
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.137

The growth of the sharia insurance industry in Indonesia has given rise to new legal challenges, particularly in the development of dispute resolution mechanisms that are consistent with both sharia principles and national legislation. Alternative Dispute Resolution methods, such as mediation and arbitration, are considered more appropriate than litigation due to the unique nature of contracts and legal relationships in Sharia insurance. This study aims to evaluate the effectiveness of dispute resolution in the practice of sharia insurance in Indonesia and to assess the extent to which the existing legal framework ensures justice, legal certainty, and compliance with Islamic legal principles. This research employs a normative juridical method, using both the statute approach and the conceptual approach, to examine the relevant positive laws and Islamic legal doctrines governing dispute resolution in Sharia-based financial transactions. The findings reveal that strengthening the Alternative Dispute Resolution mechanism in sharia insurance disputes not only enhances access to justice and legal certainty but also directly contributes to the achievement of Sustainable Development Goal 16, which promotes peace, justice, and strong institutions. This study underscores the importance of harmonizing national law and Sharia norms in building a dispute resolution system that is fair, effective, and sustainable

Regional Investment Policies Based on Local Potential to Strengthen a Sustainable Sharia Economy in South Kalimantan Muhammad Hendri Yanova; Parman Komarudin; Ifrani; Muhammad Rifqi Hidayat; Muhamad Rahmani Abduh
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7601

The urgency of this research lies in strengthening the role of investment by the Government of South Kalimantan Province as an instrument for both economic growth and equitable regional development. Normatively, such investment has been directed to generate economic and social benefits and to enhance public welfare, as stipulated in Article 2 paragraphs (1) and (2) and Article 3 letters (a) to (c) of Minister of Home Affairs Regulation No. 52 of 2012. However, it has not yet been fully integrated with the development of the Islamic economy, despite its significant potential in the region. This study employs a normative juridical method with statute approach and conceptual approach. The primary legal materials include regulations on regional government investment under Minister of Home Affairs Regulation No. 52 of 2012, provisions on regional capital participation within the local government legal framework, and regulations on regional investment incentives and facilities under Government Regulation No. 24 of 2019. These materials are analysed systematically through the lens of maqāṣid sharī‘ah. The results of this study indicate that regional investment policy should be directed as a selective instrument to promote both growth and equitable distribution through investments in sectors based on local potential, thereby increasing income and employment absorption, under the supervision of the regional head. Furthermore, regional investment policies can be sustainably integrated with Islamic principles by emphasising a maṣlaḥah-oriented approach.

Implementing the SDGs Program for Sustainable Village Development Through Sharia Principles in Mataraman Sub-District Muhammad Hendri Yanova; Rahmatul Huda; Parman Komarudin; Arif Rahmatillah; Salbilla Norsyifa
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 6 No. 2 November 2024
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v6i2.10101

This research aims to analyse the policy implementation of the Village Sustainable Development Goals programme in an effort to achieve sustainable development in Mataraman Sub-district. The research method used is qualitative research with data collection through field observations, interviews, and analysis of policy documents. The results show that the implementation of the Village Sustainable Development Goals policy in Mataraman Sub-district has had a positive impact in several aspects, such as improving the quality of education, access to health, and better management of natural resources. There are two villages that focus on village SDGs, namely Takuti village and Gunung Ulin village. Mataraman sub-district itself has programmes that focus on indicators such as poverty (1), decent work and economic growth (8), infrastructure (9), education (4), sanitation and clean water (6), health (3), and dynamic village institutions and adaptive village culture (18). However, there are also some obstacles such as budget limitations, lack of community participation, and coordination between institutions that still need to be improved. In terms of sharia principles, this implements the values of sharia principles, namely Al-'Adālah, Al-Maṣlaḥah, Al-‘Amal, and Al-Mas'ūliyyah.

International Arbitration in Indonesia after Constitutional Court Decision No. 100/PUU-XXII/2024: The Urgency of Resolving Enforcement Challenges Yati Nurhayati; Ifrani; M. Yasir Said; Muhammad Hendri Yanova; Parman Komarudin
El-Mashlahah Vol 16 No 1 (2026)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v16i1.10669

Despite the issuance of Constitutional Court Decision No. 100/PUU-XXII/2024, legal uncertainty concerning the recognition and enforcement of international arbitral awards remains a significant challenge to the effectiveness of international arbitration in Indonesia. The particular study examined the legal implications of the Constitutional Court's removal of the term “deemed” from Article 1(9) of the Arbitration Law. Moreover, it proposed an ideal framework for determining the international character of arbitral awards under Indonesian law. The research employed a mixed method that combines normative legal research and case analysis through statutory, conceptual, case, and historical approaches. The findings revealed that Constitutional Court Decision No. 100/PUU-XXII/2024 has not fully resolved the legal uncertainty surrounding the distinction between domestic and international arbitral awards. While the decision reinforces a territorial approach based on the place where an award is rendered, it does not establish clear criteria for determining the international character of arbitral awards, thereby hindering the harmonization of their recognition and enforcement. The study further found that the Indonesian Arbitration Law remains inconsistent with the UNCITRAL Model Law on the definition and classification of international arbitral awards. To address this issue, the study proposed a broader territorial approach aligned with the UNCITRAL Model Law, incorporating international elements as determining factors, including the application of foreign law, the selection of foreign arbitral institutions or arbitrators, international civil legal relationships, and foreign elements within the factual circumstances of a dispute. This framework contributed to strengthening legal certainty and enhancing the recognition and enforcement of international arbitral awards in Indonesia.

FORMULATING A SHARIA-BASED LEGAL FRAMEWORK FOR SWIMMING POOL OPERATIONS IN INDONESIA Parman Komarudin; Ilham Akbar; Muhamad Rahmani Abduh; Muhammad Rifqi Hidayat; Muhammad Hendri Yanova
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.15398

The need of Muslim communities for swimming facilities that uphold modesty requirements (awrah), regulate gender interaction (ikhtilāṭ), ensure privacy, and support religious observance has not been fully accommodated in the operation of swimming pools in Indonesia. This issue reflects not only the absence of a specific fatwa concerning Sharia-compliant swimming pools but also the lack of a Sharia governance standard for water-based recreational facilities. This study aims to develop a normative academic framework for the operation of swimming pools based on Sharia principles in Indonesia. This research employs a normative Islamic legal approach, utilizing statutory, conceptual, maqāṣid-based, and fatwa approaches. Data were collected through a literature review of Islamic legal sources, fatwas issued by the National Sharia Council of the Indonesian Council of Ulama (DSN-MUI), environmental health regulations, and halal tourism literature. The findings demonstrate that a Sharia-compliant swimming pool should be constructed through three principal dimensions: the normative-religious dimension, the operational-managerial dimension, and the environmental health and safety dimension. These dimensions are grounded in fiqh al-muʿāmalāt, maqāṣid al-sharīʿah, and public health standards, particularly with respect to the protection of religion, life, and human dignity. This study contributes by proposing an academic framework of Sharia norms encompassing definitions, legal status, operational principles, user regulations, privacy protection, facility standards, contractual arrangements, supervisory mechanisms, and complaint-handling procedures. The proposed framework is not intended to serve as an official fatwa; rather, it is designed to provide an academic foundation for fatwa-issuing institutions, regulators, and operators of water-based recreational facilities in formulating standards for swimming pools based on Sharia principles.

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