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All Journal Jurnal Dinamika Hukum Jurnal Hukum IUS QUIA IUSTUM Jurnal Simbur Cahaya
Riyanto, Aisyah Ajeng Putri
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Law, Crime, Criminology & Criminal Justice

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Fiduciary Guarantee in Banking Transactions: Positive Law and Sharia Law Perspective Anggriani, Reni; Riyanto, Aisyah Ajeng Putri; Asela, Cyabriena
Simbur Cahaya Volume 30 Nomor 2, Desember 2023
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v30i2.3068

Abstract

The process of transferring rights from the debtor to the creditor is solely based on trust. Fiduciary guarantees are a public need to apply guarantee law as a defense. on the implementation of consumer financing agreement agreements. Consumer agreements that are not accompanied by additional agreements result in the imposition of guarantees using general guarantees, so that the rights from material guarantees do not apply to him. This article aims to analyze the position and implementation of fiduciary guarantees in banking transactions from the perspective of positive and sharia law. The article uses normative legal research methods using statutory approaches and qualitative approaches. Article 1132 of the Civil Code finds that fiduciary guarantees in a positive legal perspective empower creditors to ask for compensation from the debtor by taking ownership of the promised guarantee and can be implemented directly without waiting for a court decision. While in the perspective of sharia law the term fiduciary guarantee is not recognized, in practice Islamic banks adopt the concept of fiduciary guarantee by using the term "rahn" which means that fiduciary guarantees enter into the collateral object and remain the property of the debtor and the creditor has the right of responsibility over the object as debt repayment guarantee words separated by.
From Guardians to Threats? Abusive Judicial Review and Public Distrust Fathi, Muhammad; Riyanto, Aisyah Ajeng Putri; Prasetyoningsih, Nanik; Amirullah, Muhammad Nur Rifqi
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 2: MEI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss2.art10

Abstract

This article investigates the crisis of public trust in Indonesia’s Constitutional Court, triggered by a series of controversial decisions that suggest the practice of abusive judicial review. It focuses on three pivotal rulings, Decision No. 90/PUU-XXI/2023, that collectively reveal a pattern of judicial behavior aligned with executive interests, undermining judicial independence and constitutional integrity. Utilizing a normative legal research method with statute, conceptual, and analytical approaches, the study critically examines how judicial overreach, ethical breaches, and procedural irregularities have contributed to institutional decay. The findings indicated that the Constitutional Court has shifted from its role as a counter-majoritarian institution to a political instrument, eroding legal certainty and democratic accountability. The involvement of justices in conflicts of interest, particularly in election-related cases, has intensified public skepticism and revealed systemic weaknesses in judicial appointment and oversight mechanisms. This paper argued that such decisions constitute a form of “abusive judicial review” that threatens Indonesia’s constitutional democracy. To restore judicial legitimacy, structural reforms are imperative, emphasizing transparent judicial recruitment, permanent ethical oversight bodies, and stronger civil society engagement. The article concluded that without substantial reform, the erosion of public trust may further delegitimize the Court as a guardian of the Constitution.
Unveiling the Legal Impacts: The Unilateral Termination of the 1997 Russian-Ukrainian Friendship Treaty Gunawan, Yordan; Riyanto, Aisyah Ajeng Putri; Farman, Logi
Jurnal Dinamika Hukum Vol 24, No 2 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.2.4200

Abstract

In 2022, Russian forces seized the capital of Ukraine, Kyiv, and reported more than 700 attacks on health facilities, personnel, and transport vehicles, resulting in the deaths of over 200 people. Despite encountering complex issues, Ukraine and Russia concluded the 1997 Russian-Ukrainian Friendship Treaty, which addressed matters of equality, sovereignty, and territorial integrity. However, Ukraine unilaterally terminated the Treaty in 2018. This research aims to analyze the legal implications arising from the unilateral termination of the Treaty, focusing on the realm of international law. The research employs a combination of normative legal research, analytical conceptual approaches, and case studies. The findings indicate that the termination of the Treaty adhered to Article 54(a) of the Vienna Convention on the Law of Treaties 1969. Nevertheless, the termination has resulted in legal uncertainty and has the potential to exacerbate pre-existing tensions, particularly regarding territorial integrity, which have intensified since 2014.
Co-Authors Amirullah, Muhammad Nur Rifqi Asela, Cyabriena Farman, Logi Fathi, Muhammad Nanik Prasetyoningsih Reni Anggriani, Reni Yordan Gunawan