Article Per Year (5 Year)
p-Index From 2020 - 2025
0
P-Index
This Author published in this journals
All Journal JURISDICTIE Jurnal Hukum dan Syariah Solusi
Cindawati, Cindawati
Fakultas Syariah
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
PERKEMBANGAN PERJANJIAN DALAM PRAKTIK PERDAGANGAN (PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF) Cindawati, Cindawati
Jurisdictie: Jurnal Hukum dan Syariah Jurisdictie: Vol 7, No 2 (2016)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v7i2.3717

Abstract

Agreement in human life to protect the rights and obligations are balanced. Differences in Islamic Law Perspective: Halal, agreed, able, without coercion, consent and Qobul. While the perspective of Positive Law: agree, capable, certain things, certain circumstances in accordance with Article 1320 of the Civil Code. The equation embracing principle of freedom of contract (al-Hurriyah) Islamic law is based on freedom of contract and volunteerism of each of the parties to a transaction (Q.S.An-Nisa ', 29). Give freedom to every person doing contract as desired, specify its legal consequences are religious teachings. The development of standard agreements in practice must be based on Sharia Principles provide benefits both parties, within the limits of lawful and unlawful, and the limits of public order and contract law, the provisions of Islamic law which is original. Perspective Positive Law: Principles embraced Open, gives the broadest freedom has entered into agreements contain anything, does not violate public order and morality. Rapid trade development followed the model "Standard Agreement". Business actors prepare raw clauses in the Agreement and can be accepted by the community. Raw agreements as a form of efficiency, the parties benefit and advantage to both parties.
KAEDAH-KAEDAH HUKUM KEBIASAAN INTERNASIONAL YANG BERLAKU DALAM KONTRAK BISNIS INTERNATIONAL Cindawati, Cindawati
Solusi Vol 16 No 1 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (838.336 KB) | DOI: 10.36546/solusi.v16i1.94

Abstract

The objective of the study is to analyze and describe the international customary laws applicable in international business contracts. Normative juridical research method. International Customary Law, is a legal source that can be regarded as the source of law first born in the International Trade Law of the repetitive practice of traders, in such a way that repetitive habits with such long time become binding. A customary practice of becoming binding must meet the following conditions: A practice which is repeatedly followed and followed by more than two parties (state practice): This practice is accepted as binding (opnio iuris sive necessitatis). For example, a codified habit in a freight contract is one example of FOB (Free On Board). Research result: Incoterms was established to provide a universal standard definition of terms used in national and international business transactions such as: FOB (Free On Board).
Co-Authors