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All Journal Badamai Law Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam AKM: Aksi Kepada Masyarakat Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi Amal: Jurnal Ekonomi Syariah INJURLENS Open Access DRIVERset
Yanova, Muhammad Hendri
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Breach of Contract: A Comparison Between Indonesian and Malaysian Contract Law Nurhayati, Yati; Mohd Zahir, Mohd Zamre; Hatta, Muhammad; Yanova, Muhammad Hendri; Komarudin, Parman
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.21

Abstract

The purpose of this research study aims to dissect the concept of Breach of contract in the civil law of two countries between Indonesia and Malaysia. As a country that has a different legal system but also recognizes Breach of contract or breaking promises in civil relations. In this research method, the type of research that the author uses is normative research. The nature of the research in this paper is the nature of comparative descriptive research. The approach used in this legal research is the statute approach, and the conceptual approach. The results of the study found that the Breach of contract in Indonesian civil law. This is a deviant act committed by one of the parties to the agreement from what was previously agreed without coercion which can result in losses for the opposing party and default in civil law in Malaysia as regulated in the 1950 Contract Law which is called Contract impossibility, a contract may be terminated. If the contracting parties fail to carry out the responsibilities contained in the contract.
The Effectiveness of Sharia Insurance Dispute Resolution Mechanisms in Promoting Sustainable Development Goals Yanova, Muhammad Hendri
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.137

Abstract

The growth of the sharia insurance industry in Indonesia has given rise to new legal challenges, particularly in the development of dispute resolution mechanisms that are consistent with both sharia principles and national legislation. Alternative Dispute Resolution methods, such as mediation and arbitration, are considered more appropriate than litigation due to the unique nature of contracts and legal relationships in Sharia insurance. This study aims to evaluate the effectiveness of dispute resolution in the practice of sharia insurance in Indonesia and to assess the extent to which the existing legal framework ensures justice, legal certainty, and compliance with Islamic legal principles. This research employs a normative juridical method, using both the statute approach and the conceptual approach, to examine the relevant positive laws and Islamic legal doctrines governing dispute resolution in Sharia-based financial transactions. The findings reveal that strengthening the Alternative Dispute Resolution mechanism in sharia insurance disputes not only enhances access to justice and legal certainty but also directly contributes to the achievement of Sustainable Development Goal 16, which promotes peace, justice, and strong institutions. This study underscores the importance of harmonizing national law and Sharia norms in building a dispute resolution system that is fair, effective, and sustainable
Co-Authors Abdul Wahab Akhmad Hulaify Hadi, Hendra Mahmud Yusuf Mohd Zahir, Mohd Zamre Muhammad Hatta Norsyifa, Salbilla Parman Komarudin Rahmatillah, Arif Rahmatul Huda, Rahmatul Rosallyna, Dessy Ayu Sodiki, Muhammad Yati Nurhayati