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All Journal Ahkam: Jurnal Ilmu Syariah Jurnal Hukum Acara Perdata ADHAPER JURNAL CENDEKIA HUKUM Jurnal Hukum Bisnis Bonum Commune Nagari Law Review Unes Law Review Buletin Ilmiah Nagari Membangun Repertorium: Jurnal Ilmiah Hukum Kenotariatan Jurnal Hukum Acara Perdata Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial RIO LAW JURNAL UNES Journal of Swara Justisia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Journal of Law, Poliitic and Humanities Ekasakti Journal of law and Justice Lareh Law Review Jurnal Hukum dan Pembangunan Media of Law and Sharia
Wetria Fauzi
Faculty Of Law, Andalas University, Padang, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Physics Public Health Social Sciences Veterinary Other

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Pembatalan Sertifikat Pelatihan Peningkatan Kualitas Jabatan Notaris Sebagai Syarat Pengangkatan Notaris (Studi Putusan Mahkamah Agung Nomor3P/HUM/2022) Indah Delima Fitrah; Busyra Azheri; Wetria Fauzi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.983

Abstract

Through Supreme Court Decision Number 3 P/HUM/2022, the request for judicial review of Article 2 paragraph (3) letter of Minister of Law and Human Rights Regulation Number 19 of 2019 was granted, which implied canceling one of the conditions for appointing a Notary, namely a photocopy of the Quality Improvement Training certificate Notary Position. The research method used is normative juridical, with a case approach. The results of the author's findings are that the Supreme Court thinks that legal norms which have been tested and declared to conflict with higher laws and regulations and declared to have no binding legal force, may not be re-published in a regulation. After the Supreme Court Decision Number 3 P/HUM/2022, the process of appointing Notaries in 2022 still uses reference to Article 2 of the Regulation of the Minister of Law and Human Rights Number 19 of 2019 as a whole, including Training to Improve the Quality of Notary Positions as a condition for appointing Notaries. So, prospective Notaries who have completed all the requirements other than Training to Improve the Quality of Notary Positions, cannot apply for appointment.
Konsekuensi Yuridis Pengoperan dan Penyerahan Hak Atas Kepemilikan Rumah Secara dibawah Tangan Yang Masih dalam Jaminan Bank Lidya Indriani; Busyra Azheri; Wetria Fauzi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1126

Abstract

Baseld on this casel, thel writelr foculseld on how thel lelgal forcel and lelgal conselqulelncels of thel ovelr creldit and transfelr of houlsel ownelrship in ulndelrhand deleld is gularanteleld by thel bank. Belsidels, this thelsis aim to know how is thel lelgal protelction for bank and third partiels as handovelr relcipielnts and transfelr of houlsel ownelrship in ulndelrhand deleld is gularanteleld by bank. This stuldy casel is baseld on normativel julridical melthod of an analytical delscriptivel relselarch ulsing selcondary data throulgh primary lelgal matelrials, selcondary lelgal matelrials and telrtiary lelgal matelrials of data collelction telchniqulels by doculmelnt stuldiels and analyzeld qulalitativelly. Thel lelgal forcel of ovelr creldit and transfelr of houlsel ownelrship is an aulthelntic deleld bult it is delgradeld as a ulndelrhand deleld and thel lelgal conselqulelncels arel bank only relcognizels thel old mortgagelel as thel ownelr and gularantor whilel thel ovelr creldit and transfelr of houlsel ownelrship only binds thel delbtor and third partiels. Lelgal protelction for thel bank whelrel thel delbtor is in delfaullt, bank has thel right to confiscatel thel celrtificatel of ownelrship and aulction it throulgh a pulblic aulction baseld on thel mortgagel celrtificatel and lelgal protelction for third partiels as handovelr relcipielnts. Transfelr of houlsel ownelrship is carrield oult wheln thel delbtor is in delfaullt and thel third party can filel a lawsulit to thel district coulrt baseld on copy elvidelncel of ovelr creldit and transfelr of houlsel ownelrship signeld by a Notary. Thel ovelr creldit and transfelr of houlsel ownelrship ulndelrhand deleld is gularanteleld by bank doels not bind bank itsellf. Bank as thel holdelr of thel mortgagel right has thel powelr to selll thel mortgagel objelct if thel delbtor is in delfaullt whilel thel third party as handovelr relcipielnts and transfelr of houlsel ownelrship havel to throulgh procelss thel local district coulrt for relimbulrselmelnt of costs or compelnsation if thel delbtor is in delfaullt. Bank has to sulrvely thel condition of thel mortgagel objelct which is still in thel creldit pelriod and thel delbtor mulst kelelp promisels in thel agrelelmelnt with crelditors and third partiels in good faith.
Pengaturan Perjanjian Asuransi Jiwa Unitlink dalam Kaitannya dengan Perlindungan Hukum Pemegang Polis Selvi Harvia Santri; Wetria Fauzi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1131

Abstract

Insurance is a financial service product that offers risk protection against losses. Risks can vary, such as the risk of death, risk of disability, and risk of asset damage. Insurance that is currently in great demand is unit-link life insurance, which not only provides protection for life but also investment. In Unitlink Insurance, part of the money deposited in premiums will be used for the customer's investment needs. However, in practice, unitlink life insurance products cause many problems, namely failure to pay unitlink life insurance companies in disbursing claims to policyholders, therefore policyholders need legal protection to obtain their rights, clear and firm legal regulations are needed that regulate legal protection the policy holder. The aim of this research is to determine the regulation of unitlink life insurance and to determine the form of legal protection for unitlink life insurance policy holders. The type of research used is normative juridical. The results of this research show that unitlink life insurance regulations are contained in several provisions, namely Law No. 40 of 2014 and POJK provisions. Legal protection for policy holders is regulated in article 53 of Law No. 40 of 2014 concerning Insurance Business which states that legal protection for policy holders is carried out by means of the insurance company being obliged to register insurance with the policy guarantee institution. The form of legal protection for policy holders is also regulated in Law No. 8 of 1999 concerning Consumer Protection regarding the Rights and Obligations of Business Actors, in this case Insurance Companies.
Pelaksanaan Tanggung Jawab Sosial Perusahaan Dalam Masa Pandemi COVID-19 Pada PT Semen Padang Yoko Rasaki Rasaki; Wetria Fauzi; Tasman Tasman
Lareh Law Review Vol. 1 No. 2 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.2.149-161.2023

Abstract

Corporate Social Responsibility (CSR) has become an obligation for every company in the form of a Limited Liability Company which in the process uses Natural Resources in Indonesia, this is regulated in Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies and Government Regulation Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies, but during the COVID-19 Pandemic with the existence of Large-Scale Social Restrictions (PSBB) for industries and offices referring to Article 4 of Government Regulation Number 21 of 2020, the implementation of CSR for PT Semen Padang was not carried out properly. Based on Presidential Instruction Number 4 of 2020 concerning Refocusing Activities, Budget Reallocation, and Procurement of Goods and Services in the Context of Accelerating the Handling of Corona Virus Disease 19 (COVID-19), states that the use of existing budgets for activities that accelerate the handling of COVID-19. This resulted in the planning of CSR activities in the Company's Activity Budget Plan (RKAP) which had been approved through the General Meeting of Shareholders (GMS) experiencing changes. Based on this, the problem formulation in this study explains how the Implementation of Corporate Social Responsibility Activities during the COVID-19 Pandemic at PT Semen Padang, as well as knowing what obstacles there are in its implementation. The research method used is empirical legal research. The implementation of PT Semen Padang's CSR activities during the COVID-19 Pandemic, which is guided by the Regulation of the Minister of State-Owned Enterprises of the Republic of Indonesia number PER-05 / MBU / 04/2021, focuses its activities on providing assistance to the community from previously more in carrying out community empowerment activities directly in the field, while the obstacles experienced come from the budget, PSBB regulations and community dependence
THE AUTHORITY OF THE FINANCIAL SERVICES AUTHORITY (OJK) IN PUBLISHING INSURANCE REGULATION IN THE PERSPECTIVE OF INSURANCE LAW IN INDONESIA Fauzi, Wetria
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Legal basis of the formation of the Financial Services Authority (OJK) is based on the Article 34 of the Law No. 3 of 2004 on Bank Indonesia. The legislation process was then approved and endorsed the Law No. 21 of 2011 on the Financial Services Authority (OJK). Article 6 of the law gives the OJK authority to supervise both for bank and non-bank financial institution, including insurance agencies. Article 5 of the Insurance Law, OJK is given a mandate to make a regulation to expand the scope of the insurance business activities in accordance with the needs of the society. One of the businesses is investment-based insurance. Regulations made by OJK must not be contrary to the Insurance Law itself. One issue is found on the draft of the OJK regulation regarding the permissibility of general insurance conducting investment-based insurance business.
THE URGENCY OF COLLATERAL IMPLEMENTATION IN THE MUDHARABAH FINANCE OF SHARIA BANKING IN INDONESIA Fauzi, Wetria; Wulandari, Ratih Agustin; Efendi, Raimon
JCH (Jurnal Cendekia Hukum) Vol 9, No 1 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i1.702

Abstract

Mudharabah financing is a transaction based on the principle of cooperation, so it does not require collateral. But financing does not always run smoothly. Finally, Islamic banks require collateral in mudharabah financing. Of course, it is a debate among scholars. For this reason, the purpose of this study is to identify the basis for applying collateral to mudharabah financing, and setting collateral binding for mudharabah financing in Islamic banking. The research objectives will be answered by empirical normative legal research methods which analyze the norms and provisions that apply, supported by field research in the form of interviews, and observation as reinforcement. The identification carried out resulted in First, the ijtihad method is the basis for the obligation to provide collateral in mudharabah financing by not overturning the original concept with the Istihsan method, and adhering to the provisions in UUPS, PBI Number: 7/46/PBI/2005 concerning Contracts for Collection and Distribution of Funds for Banks conducting business activities based on Sharia Principles, and DSN Fatwa Number: 07/DSNMUI/IV/2000 concerning Mudharabah Financing (Qiradh). Second, Islamic banking has not regulated the binding of collateral to mudharabah financing in Islamic banking, so in practice Islamic banking uses guarantee institutions that are used by conventional banks.
Collateral Binding Principles in Sharia Banking Financing Agreements Fauzi, Wetria; Agustin Wulandari, Ratih
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 1 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i1.17987

Abstract

Sharia Banking is based on these sharia principles, all operational activities must not conflict with sharia principles, including financing. The Financing has an important role in the development of Islamic banking. This is to anticipate various risks in bank financing to apply the obligation to provide collateral by customers. The binding of collateral must be clearly regulated and based on sharia principles to achieve sharia compliance. The purpose of this research is to find out and analyze the arrangement of binding collateral in Islamic banking financing, as well as the fulfillment of sharia principles in binding collateral in Islamic banking financing. This is a normative research whose subject matter is the rule of law, legal doctrine to answer certain legal issues. This study concludes that kafalah and rahn are guarantees in the concept of Islamic law, regulated by the DSN-MUI Fatwa Number: 11/DSNMUI/IV/2000 concerning Kafalah. Fatwa Number: 25/DSN/MUI/III/2022 concerning Rahn, Fatwa Number: 92/ DSNMUI/IV/2014 concerning Funding accompanied by Rahn (Al-Tamwil Al-Mautsuq Bi Al-Rahn). However, it has not been set forth in laws and OJK regulations, so that the collateral binding arrangements for Islamic banking use conventional banking guarantee institutions, namely. Pledges, mortgages, fiduciaries, mortgages and warehouse receipts. Not all substances in conventional guarantee institutions can be applied to Islamic banking which prioritizes Islamic principles, namely the values of justice, expediency, balance and universality  and does not carry out business activities that contain elements of usury, maisir, gharar, unlawful and unjust, and most importantly overrides the tabbaru principle in Islam. Perbankan Syariah berdasarkan kepada prinsip syariah, seluruh kegiatan operasionalnya tidak boleh bertentangan dengan prinsip syariah termasuk pembiayaan. Pembiayaan mempunyai peranan yang penting dalam perkembangan Perbankan Syariah. Untuk mengantisipasi berbagai resiko dalam pembiayaan, bank menerapkan kewajiban memberikan agunan oleh nasabah. Pengikatan agunan tentunya harus diatur secara jelas dan berdasarkan prinsip syariah untuk mewujudkan syariah compliance. Tujuan penelitian untuk mengetahui dan menganalisis  pengaturan pengikatan agunan pada pembiayaan Perbankan Syariah, serta pemenuhan prinsip-prinsip syariah dalam pengikatan agunan pada pembiayaan Perbankan Syariah. Penelitian ini merupakan penelitian normatif yang pokok kajiannya adalah aturan hukum, doktrin hukum untuk menjawab isu hukum tertentu. Penelitian ini menyimpulkan kafalah dan rahn merupakan jaminan dalam konsep hukum Islam,  yang diatur pada Fatwa DSN-MUI Nomor : 11/DSNMUI/IV/2000 tentang Kafalah. Fatwa DSN-MUI Nomor : 25/DSN/MUI/III/2022 tentang Rahn, Fatwa DSN-MUI Nomor : 68/DSN-MUI/III/2008 tentang Rahn Tasjily diperbolehkan adanya jaminan barang., Fatwa DSN-MUI Nomor : 92/DSNMUI/IV/2014 tentang Pembiayaan yang disertai Rahn (Al-Tamwil Al-Mautsuq Bi Al-Rahn). Namun belum dituangkan dalam peraturan perundang-undangan ataupun peraturan Otoritas Jasa Keuangan, sehingga pengaturan pengikatan agunan pada Perbankan Syariah menggunakan lembaga jaminan perbankan konvensional yaitu ; gadai, hipotik, fidusia, hak tanggungan, dan resi gudang. Tidak semua subtansi pada lembaga jaminan konvensional dapat diberlakukan pada Perbankan Syariah yang mengutamakan pinsip-prinsip keislaman yaitu; nilai-nilai keadilan, kemanfaatan, keseimbangan, dan keuniversalan (rahmatan lil ‘alamin) serta tidak melakukan kegiatan usaha yang mengandung unsur riba, maisir, gharar, haram dan zalim, serta yang paling utama mengesampingkan prinsip tabbaru dalam islam.
Pembatalan Wasiat Dan Dampak Hak Waris Terhadap Hilangnya Legitieme Portie Berdasarkan Putusan Pengadilan Nomor 43/PDT.G/2020/PN Medan Abdullah, Risyad; Fendri, Azmi; Fauzi, Wetria
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1699

Abstract

Every transfer of property during a marriage as long as the marriage is not agreed upon, every act of transfer and collateral must obtain the approval of each married partner so that if there is a transfer of joint property during the marriage, the action will be null and void. The formulation of the problem in this research is: What is the basis of the judge's considerations in the case of Court Decision Number 43/Pdt.G/2020/PN Medan relating to the cancellation of wills and the impact of inheritance rights on the loss of Legitiieme Portie? And what are the legal consequences of canceling a will for the parties in the case of Court Decision Number 43/Pdt.G/2020/PN Medan relating to the cancellation of a will and the impact of inheritance rights on the loss of Legitieme Portie? The method in this research is nomative juridical. A notary making an authentic deed is legal principles contained in the Civil Code in connection with making a will deed where a notary cannot make a will deed that bequeaths or bequeaths mixed assets in a marriage that owns the property. is joint ownership, because the action taken will harm the married couple so that it can be betrayed as an unlawful act as in the case in Decision Number 43/PDT.G/2020/PN. Medan. The resolution of the case stems from the return of the wife's rights to some of the assets in the mixture of her marital assets, namely half, while the other half is the inheritance deed of the deceased which should still be inherited by the deceased's heirs
Kekuatan Hukum Akta Hibah Wasiat Berdasarkan Putusan MA Nomor 2979K/Pdt/2019 Putri Zakia Yurahman; Busyra Azheri; Wetria Fauzi
Media of Law and Sharia Vol. 4 No. 4: September 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i4.11

Abstract

A will or testament, according to Article 875 of the Civil Code, is a deed that contains information about a person's last message regarding what will happen to him when he dies. Cases related to testamentary grants in Supreme Court Decision Number 2979 K/Pdt/2019. In the case, it was explained that the will grant was given by a father to his son in a non-Chinese Buddhist family. This inheritance was from the couple Lay Tjin Ngo (plaintiff) and Sumita Chandra (late), and during Lay Tjin Ngo's marriage to Sumita Chandra, joint property had been obtained. The problem arose when Sumita Chandar, without the approval of Lay Tjin Ngo, made Testament Number 24 dated July 25, 2014, at Notary Kamelina, SH. The defendant's actions made Testament No. 24 dated July 25, 2014, even though there was no approval from The plaintiff, as the wife or partner of Sumita Chandra (late), is an act that violates and has caused losses to the plaintiff, who, as the wife of Sumita Chandra (late), is entitled to a portion of the joint assets of Sumita Chandra with the plaintiff. The problem discussed in this study is how the judge considers the deed of testamentary grants made by Sumita Chandra as the grantor to the defendant as the beneficiary of the will grant in terms of the perspective of joint assets and what the position of the will deed made by a notary is in terms of the perspective of shared assets. This research uses the case-based problem approach. The sources and types of data used are primary and secondary data. Based on the results of the research and discussion, it is stated that family law relates to joint property, and in the case of a testament made by a husband or wife when the spouse is still alive, the consent of the spouse is still valid.
Legal Certainty For Investment-Based on Insurance Policy Holders (UNITLINKS) After The Establishment of Alternative Institutions For Financial Services Dispute Settlement (LAPS SJK) Fauzi, Wetria; Zulkifli
Ekasakti Journal of Law and Justice Vol. 2 No. 2 (2024): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/vrswxd27

Abstract

Legal certainty is a justifiable protection against arbitrary actions which means that someone will be able to get something that is expected under certain circumstances. The problem is How is the legal certainty of unitlink dispute resolution after the establishment of Alternative Dispute Resolution Agency in the Financial Service Sector (LAPS SJK). The method in writing is by using a normative juridical approach. Legal certainty related to institutional certainty has been represented by the existence of this LAPS SJK. LAPS SJK which is an integrated dispute resolution with this dispute resolution will be faster because it has been centralized considering the increasing number of hybrid financial products. The legal basis for the LAPS SJK is regulated in POJK Number 61/POJK.07/2020 concerning Alternative Institutions for Settlement of Financial Services Sector Disputes. The urgency of the LAPS SJK is needed because of the current condition of the financial services industry, financial services and products that are hybrid or integrated with each financial service sector. The existence of the LAPS SJK  provides legal certainty in the dispute resolution mechanism. The principles of this institution are independent, fair, effective and efficient and easily accessible.Policyholders should agree with insurance companies to use LAPS SJK in resolving unitlink insurance disputes, because this forum will provide legal certainty by providing fair and objective solutions. OJK and LAPS SJK further socialize the existence of LAPS SJK. As far as possible for dispute resolution when it cannot be reached internally with the insurance company, the parties choose LAPS SJK by ringing the clause in the unitlink insurance policy.
Co-Authors Abdullah, Risyad Arben, Ali Aulia br Surbakti, Syafirah Azmi Fendri Begum khalidhazia, Trisno Marta Busyra Azheri Delfiyanti Delfiyanti Delima Fitrah, Indah Efendi, Raimon Elwi Danil Fakhruddin, Husni Muhammad Hamidi, Syahrul Harvia Santri, Selvi Herlambang, Fahreza Husni Muhammad Fakhruddin Indah Delima Fitrah Indriani, Lidya Khairani Khairani Khairani Khairani Lidya Indriani Lucy Juwita Asni Mirwati, Yulia Nia Wino Marisya Nuri Aslami Partynia Nur Imantya Pratama, Arya Putra Rizal Putri Zakia Yurahman Rahayu, Aisya Ratih Agustin Wulandari Rembrandt, Rembrandt Selvi Harvia Santri Syahfitri, Triyana Syahrul Hamidi Syofiarti, Syofiarti Tasman Tasman Utami, Vanessa Yasniwati, Yasniwati Yoko Rasaki Rasaki Yoserwan Yuslim Zulkifli