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Try Widiyono
Faculty of Law, Universitas Islam Jakarta, Indonesia
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Justice Discourse on Land Rights in the Indonesian Constitution Try Widiyono
Research Horizon Vol. 2 No. 3 (2022)
Publisher : Publindo Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (388.265 KB) | DOI: 10.54518/rh.2.3.2022.402-416

Abstract

As the Constitution observes, the purpose of the establishment of the Indonesian state is to achieve dignity and justice. One form of this justice is land rights. Until now, the land law is still a complicated discussion and often raises the pros and cons. This article aims to examine how the concept of land ownership in Indonesia is based on the state constitution. The method used in this research is normative-juridical law research with a descriptive-analytical approach. Under the Constitution, the state is not the owner but the land use and ownership regulator. The state’s function is to regulate the allocation and use of land as regulated in the Basic Agrarian Law (BAL). Thus, the law must be able to minimize the negative excesses of the development of land conflicts by creating the legal norms needed to protect people who may be harmed. The law must be able to control business transactions and economic development without having to leave the function of law to provide a sense of security and justice.
The Legal Position of the Indonesian Ulema Council in Applying the Principles of Islamic Law in Islamic Banking Operations in Indonesia Try Widiyono
Journal of Social Research Vol. 3 No. 9 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i9.2261

Abstract

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles.
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