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All Journal Jurnal Meta-Yuridis Legal Spirit Suloh : Jurnal Fakultas Hukum Universitas Malikussaleh
Khoiruddin, Amir
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pemanfaatan Barang Milik Daerah Dalam Bentuk Perjanjian Bangun Guna Serah Gedung HI Tech Mall Khoiruddin, Amir; Yudhantaka, Lintang
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5505

Abstract

The implementation of the utilization of State or Regional Property can be carried out through the Build, Operate, and Transfer Agreement with the hope that it can continue to strive to carry out regional development by collaborating with the private sector. Cooperation between the Surabaya City Government and private parties is certainly based on an agreement that binds both parties. This study aims to determine the realization of legal certainty over the use of Regional Property in the form of legal protection for third parties (HI Tech Mall Merchants). This research uses analytical descriptive methods and uses a qualitative approach. The results showed that the agreement implemented by the parties has guaranteed legal certainty and is binding on each other based on the suitability of the elements that must be contained in a text of agreement in civil law and the existence of preventive and repressive legal protection for traders who still occupy shop booths in the HI Tech Mall Building until now.
COMPARATIVE STUDY OF INDONESIA AND THE NETHERLANDS ON LEGAL PROTECTION FOR SEPARATIST CREDITORS IN BANKRUPTCY WITH THE PRINCIPLE OF CONCURSUS CREDITORUM Khoiruddin, Amir; Pratama, Dedo Indra; Astriansyah, Denny; Anggriawan, Teddy Prima
Jurnal Meta-Yuridis Vol 8, No 2 (2025)
Publisher : fakultas hukum universitas PGRI Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26877/m-y.v8i2.23509

Abstract

This study examines the legal protection of secured (separatist) creditors in bankruptcy through a comparative analysis of Indonesian and Dutch legal systems, focusing on the concursus creditorum principle. Secured creditors have preferential rights due to their security interests over debtor assets. Although both countries follow civil law traditions, Indonesia’s implementation under Law No. 37 of 2004 is weakened by limited judicial oversight and the dominant role of curators. In contrast, Dutch law, through the Faillissementswet, allows courts greater authority in supervising secured asset execution, ensuring better balance among creditors.Using a normative juridical method with statutory, comparative, and conceptual approaches, the research finds that the Dutch system offers stronger collective protection and legal fairness. The study concludes that Indonesia needs legal reforms to adopt collective justice principles and improve the proportional legal protection of secured creditors in bankruptcy processes.
THE URGENCY OF SHARIA LAW IN THE FORMATION OF INTERNATIONAL TRADE CONTRACTS BASED ON THE BLUE ECONOMY Khoiruddin, Amir
Suloh: Jurnal Fakultas Hukum Universitas Malikussaleh Vol. 13 No. 2 (2025): Suloh: Jurnal Fakultas Hukum Universitas Malikussaleh, Oktober 2025
Publisher : Program Studi Magister Hukum Universitas Malikussaleh

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Abstract

This study examines the urgency of applying Sharia law in the formation of international trade contracts based on the principles of the blue economy. Sharia law emphasizes justice, transparency, and ethical business conduct values that are increasingly relevant in the development of sustainable marine-based trade practices. As global trade intensifies, integrating Sharia principles into international contracts faces notable legal challenges due to the diversity of legal systems among countries, including civil law, common law, and hybrid systems. Using a normative juridical method and applying conceptual, statutory, and sociological approaches, this research explores practical mechanisms for incorporating Sharia law into international contracts, such as through choice of law clauses, Sharia-compliant arbitration forums, and harmonized legal frameworks. The study also analyzes the role of Indonesia’s national regulations specifically Law Number 7 of 2014 on Trade and Law Number 17 of 2008 on Shipping in facilitating Sharia-compliant maritime trade, alongside the strategic position of the Organization of Islamic Cooperation (OIC) in promoting cross-border legal harmonization. Findings indicate that the integration of Sharia law into international trade contracts not only reinforces ethical and sustainable economic governance but also offers a viable model for inclusive and equitable global commerce in alignment with the core values of the blue economy. Keywords: Sharia Law, International Trade Contracts, Blue Economy, Legal Harmonization, Islamic Law.
Co-Authors Anggriawan, Teddy Prima Astriansyah, Denny Pratama, Dedo Indra Yudhantaka, Lintang