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ANALISIS KEABSAHAN TRANSAKSI JUAL BELI ONLINE YANG DILAKUKAN ANAK DIBAWAH UMUR MENURUT HUKUM ISLAM DAN HUKUM PERDATA INDONESIA Sinta Bela; KHUMEDI JA'FAR; MAIMUN; MUHAMMAD ZAKI; LIKY FAISAL
AL-BAYAN: JURNAL HUKUM DAN EKONOMI ISLAM Vol. 2 No. 2 (2022): DESEMBER 2022
Publisher : Jurnal ini dipublikasikan oleh Pusat Penelitian dan Pengabdian Publikasi (P3M) STAI Nahdlatul Watan Samawa-licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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Abstract

Buying and selling online according to Islamic law is allowed as long as online buying and selling transactions do not contain fraud, coercion and persecution. In Islam, it must be carried out in accordance with the provisions of the Shari'a, which must meet the pillars and conditions of buying and selling. The three pillars of buying and selling must exist, namely igat, contract, 'aqīd (seller and buyer) with mumayyiz and sound mind conditions so that the sale and purchase is valid. The legitimacy of buying and selling online by minors has been regulated in Article 1320 of the Civil Code. The problem that will be discussed in this thesis is the analysis of the validity of online buying and selling transactions carried out by minors according to Islamic law and Indonesian civil law. This research is a library research (Library research). After the data was collected, the researchers conducted an analysis using a comparative descriptive method of qualitative analysis with a thinking approach using a deductive method. The results of the study show that Article 1320 of the Civil Code can still be said to be valid, but the legal force is weak because it does not meet the legal requirements of the agreement. Meanwhile, according to Islamic law, it is permissible based on the pillars and conditions of online buying and selling provided that the child is mumayyiz and the sale and purchase item is of low value and must have permission from his guardian.
Perlawanan Eksekusi Hak Tanggungan di Pengadilan Agama dengan Akad yang Mengandung Klausula Penyelesaian Sengketa melalui BASYARNAS Ardhi Barkah Apandi; Maimun; Gandhi Liyorba Indra
Reslaj: Religion Education Social Laa Roiba Journal Vol. 6 No. 8 (2024): RESLAJ: Religion Education Social Laa Roiba Journal 
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v6i8.2301

Abstract

When there is a default committed by the customer, the Islamic Bank can carry out parate execution of the object of mortgage rights used as collateral by the customer through the auction system. The customer often fights against the execution by submitting a fight against execution to the Religious Court, but the contract between the customer and the Islamic Bank which includes a dispute resolution clause through BASYARNAS raises legal certainty issues. The purpose of this research is to find out the authority of the Religious Court in adjudicating cases of resistance to execution even though there is a dispute resolution clause through BASYARNAS in the Deed of Financing Agreement. The method used in this research is a descriptive qualitative method with a conceptual approach and normative approach. Based on the results of the study, it shows that the Religious Court is still authorized to examine, hear and decide disputes against the execution of mortgage rights with a contract containing a dispute resolution clause through BASYARNAS, although article 3 and article 11 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution limit the authority of the Religious Court but BASYARNAS as an arbitration institution does not have the authority to resolve disputes against execution, so that the Religious Court, which has free authority and may not refuse to examine, hear and decide a case because the legal basis for the authority of the dispute is unclear as stipulated in Article 10 of Law Number 48 of 2009 concerning Judicial Power, is still authorized to examine, hear and decide cases.
Co-Authors Ardhi Barkah Apandi Gandhi Liyorba Indra KHUMEDI JA'FAR LIKY FAISAL Muhammad Zaki Sinta Bela