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All Journal Al-Aqwal : Jurnal Kajian Hukum Islam HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Jamil, Nury Khoiril Jamil
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Asas Mabda’ Ar-Radha’iyyah Dalam Keabsahan Perjanjian Over Kredit KPR Syariah: Mabda' Ar-Radha'iyyah Principles on The Validity of Sharia Mortgage Over Credit Agreements Jamil, Nury Khoiril Jamil; M. Ghufron; Abd. Syakur
ISTIDLAL Vol 2 No 2 (2023): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

The research focuses on the over-credit phenomenon which is often carried out due to customers' inability to carry out obligations or other reasons for Sharia KPR agreements in Indonesia. This phenomenon is important to study in order to determine legal certainty regarding the agreement between the giver and recipient of overcredit which ultimately does not cause losses for either party. This research focuses on two topics that will be studied, namely, first, related to the characteristics of Sharia KPR over-credit agreements in Indonesia, second, related to the validity of Sharia KPR over-credit agreements from the perspective of the Mabda' Ar-Radha'iyyah Principle. This research uses a normative research type with a statutory and regulatory approach and a conceptual approach. This research produces an analysis that, first, there are 2 (two) types of over-credit agreements in Indonesia, namely under-the-hood and legal procedural. Especially in this type of over-credit under the hand, it is an agreement with a new party without prioritizing good faith, especially towards the bank. Second, the validity of a sharia contract is assessed from the consent of the parties. One important element in consent is shown by the presence of complete information, which is an element of openness in the contract. In the context of over-credit carried out privately, this element is not achieved until the contract becomes invalid (fasakh) and the validity of the actions of the giver and recipient of over-credit becomes null and void and has no legal force.
PERLINDUNGAN HUKUM ATAS HAK CIPTA JIPLAKAN KONTEN PLATFORM TIKTOK Jamil, Nury Khoiril Jamil; Rato, Dominikus; Setyawan, Fendi
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 1 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i1.678

Abstract

Abstract This research analyzes legal protection for creators in creating content. The fast flow of content on TikTok has a lot of potential for plagiarism, which legally, copyright has its own protection for creators, both morally and even commercially. It is important to ensure legal protection, both preventive and even repressive, for creators that provides justice for creators in their work. In this research, there are two problem formulations, namely 1) How is Copyright Protection for Tiktok Creator Content for Their Creations? 2) What are the legal remedies for copyright infringement against plagiarized on TikTok content? This research uses a type of normative research method, namely research with the object of study being legal and regulatory documents and library materials with a statutory approach and a conceptual approach. This research resulted in, 1) TikTok's terms of service contain a license agreement which may violate the provisions of Article 82 of the HC Law, which limits the making of license agreements, thereby guaranteeing legal protection for the copyright of TikTok creators. This still raises legal issues; 2) The legal remedy that can be taken for losses in content created by creators is to sue civilly, because in the context of TikTok content, they only have moral rights and there are no economic rights in it.
Co-Authors Abd. Syakur Dominikus Rato Fendi Setyawan M. Ghufron