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All Journal JURNAL HUKUM Awang Long Law Review ARRUS Journal of Social Sciences and Humanities
Rifai, Aulia
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Responsibilities of Individual Guarantor (Personal Guarantee) Declared Bankrupt Claudia, Ayumi; D. Liman, Padma; Rifai, Aulia
ARRUS Journal of Social Sciences and Humanities Vol. 3 No. 3 (2023)
Publisher : PT ARRUS Intelektual Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35877/soshum1826

Abstract

The purpose of this research is to find out the liability of individual guarantors who are declared bankrupt. This research is normative juridical law research. The approaches used in this research are the Legislative Approach and the Conceptual Approach. The legal materials that will be used are primary, secondary, and tertiary legal materials. The method of collecting legal materials is carried out by studying documents in obtaining data from laws and regulations and other documents related to the author's problems related to decision Number 212K/Pdt.Sus-Bankrupt/2015. In the Supreme Court Decision Number 212K/Pdt.Sus-Bankrupt/2015, there is an imbalance between theory and practice. The non-implementation of Article 1824 BW in this decision is detrimental to the insurer. The non-implementation of Article 1824 BW in this decision is detrimental to the insurer. In the Deed of the Guarantor, if it is not expressly agreed that the guarantor is willing to go bankrupt if the debtor defaults, then the legal consequences of the guarantor cannot be filed for bankruptcy over the default committed by the debtor.
LAW ENFORCEMENT CHALLENGES IN TRAFFIC FOR STUDENTS: BETWEEN REALITY AND IDEALISM TENRI FAMAURI, ANDI; RIFAI, AULIA; UTAMI MAS BAKAR, DIAN; WENDA JUNIAR, MUTIAH; TH. HOESA, FADHLURRAHMAN; JALU PRASETYO, ADJI
Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.199 KB) | DOI: 10.56301/awl.v3i1.102

Abstract

Students are one of the vulnerable groups who become the victim or perpetrators of traffic accidents. Adolescents in 17-21 years old are categorised as the biggest number of students who become perpetrators. It happens due to the basic driving skill level, the less experience in driving and unstable emotions. The young drivers tend not to own the ability to perceive a risky condition which closely related to the immaturity of driving experience and the will to take risky decisions. This research found that one of the ideal forms of fostering students who are among the highest contributors to the accident and violations of traffic is through legal counselling activities which increase their legal awareness. This is in line with the provision in Article 4 of Law Number 22 Year 2009 concerning Traffic and Land Transportation which stipulate that to foster and implement safe, secure, orderly and smooth traffic and transportation, one of the ways is through traffic education. In increasing the legal awareness of traffic on students through legal counselling methods, at least students are given the knowledge and understanding of proper traffic procedures and criminal sanctions that can be imposed if committing a traffic violation.
ANALYSIS OF THE CHARACTERISTICS OF FINANCIAL RISK IN CONTRACT WITH THE PRINCIPLE OF PROFIT-SHARING IN SHARIA BANKING Bakti, Fauzia P; Achmad; Rifai, Aulia
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.39 KB) | DOI: 10.56301/awl.v5i1.530

Abstract

Risk is a loss born as a result of a specific condition. Islamic banking, a financial institution that bases its operational activities on Islamic law, cannot be separated from risks. This risk can threaten operational continuity, the worst consequence of which can be closure because it cannot operate. Mudharabah and musyarakah contracts are contracts with the principle of profit-sharing. At the beginning of the operation of Islamic banking were the mainstay products to eliminate the interest system practiced in conventional banking. Musyarakah and musyarabah contracts are very strategic products to help advance the people's economy by distributing funds for the trade and industry sectors. Lately, musyarakah and mudharabah contracts have not become the leading service. Banking services are more on consumptive contracts such as murabahah, ijarah, Qardh, and others. The high-risk character attached to the profit-sharing contract triggers the unpopularity of this contract in Islamic banking services. This paper is intended to describe the characteristics of contract risk with the principle of profit-sharing and the identification of potential risks that accompany it. Therefore, it makes it easier for interested parties to undertake risk management efforts. In contrast, they continue to ensure whether these efforts run according to sharia.
Analysis of the Legal Basis of Marriage Agreements and Their Implications for the Position of Inheritance Property Liman, Padma D.; Rifai, Aulia
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.39426

Abstract

This study explores the legal foundation of marriage agreements in Indonesia, specifically examining Law Number 1 of 1974 on Marriage and Constitutional Court Decision No. 69/PUU-XIII/2015. The primary focus of this research is to understand how marriage agreements impact the distribution of inheritance and their implications in resolving inheritance disputes. Meanwhile, Constitutional Court Decision No. 69/PUU-XIII/2015 expands the scope for creating and modifying marriage agreements during the marriage, providing additional flexibility that was previously unavailable. The methodology employed in this research is a normative juridical approach. A literature review method is used to gather relevant data and information from various legal sources. The primary legal materials used in this research include the Civil Code, Law Number 1 of 1974 on Marriage, and Constitutional Court Decision No. 69/PUU-XIII/2015. Additionally, secondary legal sources such as academic literature, legal journals, textbooks, and scientific articles are also utilized to enrich understanding and provide a broader theoretical context and perspective in the analysis. The findings indicate that a valid marriage agreement provides legal protection and certainty in the distribution of inheritance, while agreements not in accordance with positive law are at risk of being rejected in inheritance disputes.
Co-Authors Achmad Bakti, Fauzia P Claudia, Ayumi D. Liman, Padma JALU PRASETYO, ADJI Liman, Padma D. TENRI FAMAURI, ANDI TH. HOESA, FADHLURRAHMAN UTAMI MAS BAKAR, DIAN WENDA JUNIAR, MUTIAH