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All Journal Journal Equity of Law and Governance Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Journal of International Islamic Law, Human Right and Public Policy
O.K. Isnainul
Universitas Prima Indonesia
Religion Arts Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PROBLEMATIKA PENGALIHAN PIUTANG BANK SECARA CESSIE TERHADAP DEBITUR (STUDI KASUS PUTUSAN NOMOR 142/PDT.G/2022/PN MDN) Gladys Fiona Tantiani; Roswita Sitompul; O.K. Isnainul
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, dan Pendidikan Vol. 2 No. 9 (2023): August
Publisher : Lafadz Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v2i9.1301

Abstract

Cessie is the transfer of receivables collection rights in the name and other intangible objects carried out by authentic deed or deed under hand. In Cessie the right to collect receivables is transferred to new creditors but District Court's ruling in case No. 142/PDT.G/2022/PNMDN gives the plaintiff the right to sell the collateral. Legal research is normative legal research. The data used are primary and secondary data obtained through interviews and literature studies. The data is analyzed qualitatively. The problems are the legal consequences of transferring Bank receivables cessie to new creditors, the judge's considerations in Decision Number 142/Pdt.G/2022/PNMdn, and legal protection of debtors and the implementation of the Decision Number 142/Pdt.G/2022/PNMdn. The consequence of transferring bank receivables by cessie is not only the right to collect receivables is transferred but the rights of creditors as holders of collateralized rights also transfer to new creditors. The execution of the debtor’s guarantee must be in accordance with applicable regulations, the creditor can’t necessarily own the collateral. It needs clearer regulation regarding the consequences of transferring bank receivables cessie in particular against the guarantee of liability. So, the regulation can provide legal protection and certainty for both cessus, cedent, and cessionaris.
Analysis of Decision No 61/Pid.Sus Anak/2021/Pn Mdn On the Case of a Child as A Violator of The Crime of Abuse Rodiatun Adawiyah; O.K. Isnainul; Muhammad Arif Prasetyo; Jane febrision br. Manurung; Edward Halim; Tamarsa Adea Putri Br Sitepu
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.1.9616.129-134

Abstract

Children are the next generation of the nation and have important responsibilities in the survival of the nation and state. For every child to be able to assume his responsibility as the heir of the nation, he must be given the widest possible opportunity to grow and develop optimally, both physically, spiritually, and socially. The purpose of this study is to determine the application of Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection in Decision No. 61/PID.SUS ANAK/2021/PN MDN. This research uses normative research methods. The result of this study is that according to the provisions of the Child Protection Law, children must be protected both as perpetrators of criminal acts, victims of criminal acts, and witnesses to criminal acts. In general, the purpose of the legal protection of children is to maintain the rights and obligations of children so that they can grow and develop naturally both physically, mentally, spiritually, and socially
LEGAL ASPECTS OF WAQF FUND DEVELOPMENT THROUGH SHARIA SUKUK INVESTMENT: A PERSPECTIVE FROM INDONESIAN WAQF AND INVESTMENT LAW Sahbudi; O.K. Isnainul; Shanti Mayasari Aritonang
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Waqf is an instrument within the Sharia financial system that holds significant potential for fostering the economic empowerment of the Muslim community. However, the implementation of cash waqf in Indonesia has not yet matched its actual potential. In response to this situation, the Cash Waqf Linked Sukuk (CWLS) scheme emerged as an innovation in waqf fund management through investment in Sharia-compliant sukuk instruments. Under this mechanism, cash waqf funds are safely invested in State Sharia Securities (SBSN), and the investment returns are channeled to fund social programs. This study employs a normative legal research approach utilizing qualitative data analysis. Primary data were obtained from legal sources such as legislation and fatwas from the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), while supporting data were derived from legal literature reviews, official institutional reports, and scholarly articles. The collected data were analyzed and presented using a descriptive-analytical method to understand the interplay between waqf law and investment law in Indonesia. The findings indicate that CWLS represents an integration of Islamic philanthropy concepts with Sharia capital market mechanisms. Although a sufficient legal foundation exists, there are gaps in technical regulations—specifically regarding the legal status of the nazhir(waqf manager) in the context of investment fund management. Such ambiguity could give rise to legal risks and hinder the development of productive waqf. Therefore, regulatory synchronization and institutional strengthening are essential to ensure that waqf management via sukuk is conducted transparently, responsibly, and in accordance with Sharia principles.
Co-Authors Edward Halim Gladys Fiona Tantiani Jane febrision br. Manurung MUHAMMAD ARIF PRASETYO PRASETYO Rodiatun Adawiyah Roswita Sitompul Sahbudi Shanti Mayasari Aritonang Tamarsa Adea Putri Br Sitepu