Rayhan Ade Dwiyana
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Perlindungan Hak Asasi Manusia Menurut Hadits Riwayat Al-Bukhori Dan UUD 1945 Pasal 28 Rayhan Ade Dwiyana; Tajul Arifin
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 3 (2024): September : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i3.3619

Abstract

Human rights are rights given to every person. Human rights first emerged as a result of resistance to government absolutism towards its citizens. The purpose of this normative legal study is to provide an explanation of secondary evidence collected through a literature survey. In Indonesia, the government continues to try to balance religious values with human rights. Primary legal sources related to human rights as well as secondary legal materials in the form of literature and professional opinions on these topics are included in the secondary data of this study. The value, quality and condition of the data collected were considered during the comparative descriptive analysis of the data collected. The quality, value and condition of the relevant data were measured and used as the foundation of this research. With the research methodology used, the findings and analysis of this research are expected to answer the research question of human rights protection in the view of hadith and the 1945 Constitution article 28, while taking into consideration the viewpoints of both national law and hadith. Islamic law is built on a solid and complete structure because it comes from Allah, the Almighty, the Most Praiseworthy. It shows and conveys all the benefits of the world and the hereafter. The relationship between the Hadith view and Article 28 of the 1945 Constitution shows the relationship between religious teachings and positive law in an effort to protect human rights
Produk Perbankan Syariah: Analisis Akad Penghimpunan Dana, Pembiayaan, dan Penyelesaian Sengketa Murabahah dalam Praktik Perbankan di Indonesia Fahmi Nuraziz Awaludin; Rayhan Ade Dwiyana; Naufal H
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/tzytsn73

Abstract

This study examines Islamic banking products with a particular emphasis on the legal analysis of fund-raising contracts, murabahah financing, and dispute resolution mechanisms in Indonesian banking practice. A normative juridical approach is employed to assess the coherence between Sharia principles, positive law provisions, and the contractual implementation adopted by Islamic banks. The findings indicate that fund-raising contracts based on wadiah and mudharabah carry significant legal implications for customer protection and the certainty of contractual relationships. Murabahah financing, as the dominant product, continues to face juridical challenges, notably in relation to the fulfillment of sale-and-purchase elements, margin transparency, and the allocation of risk between banks and customers. Murabahah disputes are commonly triggered by default and imbalanced contractual clauses, necessitating dispute resolution mechanisms that are fair, effective, and consistent with Sharia principles. Resolution through non-litigation processes, Sharia arbitration, and litigation underscores the pivotal role of contract quality as the foundation of legal protection. This study affirms that strengthening the legal aspects of contracts and harmonizing regulations are essential prerequisites for the sustainability of Islamic banking. The findings are expected to contribute conceptually to the development of Islamic banking law and to the sustained enhancement of public trust within a framework of legal justice at the national level.