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All Journal Strata Law Review Zona Law And Public Administration Indonesia
Nursyamsudin, Febriyana
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Code of Ethics Political Prospects of Economic Law in Legislation Nursyamsudin, Febriyana; Ali Rasyid, Fauzan; Saleh, Chaerul
Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024
Publisher : Yayasan Mentari Madani

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Abstract

The legal system in economics related to the national consensus on welfare is quite complex due to the existence of various legal and political analyses. This research focuses on economic and legal domains related to Indonesia's economic challenges. One thing that is important in politics is the importance of ethics and morality. Ethical considerations of government tend to operate more efficiently. When government officials have strong moral convictions, they take action and defend their integrity. This undermines honesty, integrity, and good judgment when performing government functions. In order to realize the goals of the country, professional and ethical state administrators are needed in order to carry out their functions and duties efficiently and effectively. To realize a professional state administrator, each state administrator must meet the requirements as a state administrator as specified in laws and regulations, while to realize an ethical state administrator, it is necessary to regulate ethics in laws and regulations. The arrangement must be general in nature so that it applies to every state administrator.
Comparison of Bankruptcy Concepts and Procedures in Islamic Economic Law and Indonesian Bankruptcy Law Nursyamsudin, Febriyana; Mukhlas, Oyo Sunaryo; Sururie, Ramdani Wahyu
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.140

Abstract

This study examines and compares the concepts and procedures of bankruptcy in Islamic economic law (At-Taflis wal Hajr) and Indonesian Bankruptcy Law (Law No. 37/2004 on Bankruptcy and Suspension of Debt Payment Obligations). Utilizing a normative legal research design with a qualitative, descriptive-analytical approach, this study relies on secondary data derived from Islamic legal sources (Qur’an, Hadith, classical fiqh literature, and scholarly fatwas) and Indonesian statutory regulations. The analysis applies a comparative legal method supported by content analysis to identify similarities, differences, strengths, and limitations within both legal systems. Findings reveal that while both frameworks share the fundamental aim of resolving debt disputes, protecting creditor rights, and distributing debtor assets equitably under judicial supervision, they differ significantly in their normative underpinnings. Islamic law embeds moral and social dimensions, treating bankruptcy as a remedial mechanism aligned with communal responsibility, whereas Indonesian positive law prioritizes procedural certainty and institutional enforcement to ensure legal and economic order. The study suggests harmonization through integrating procedural clarity with ethical and social responsibility measures from Islamic jurisprudence to strengthen bankruptcy governance in Indonesia.
Co-Authors Chaerul Saleh, Chaerul Fauzan Ali Rasyid Mukhlas, Oyo Sunaryo Ramdani Wahyu Sururie