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All Journal International Journal of Business, Law, and Education International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Masykur, Hamidi
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Legal Protection of Islamic Banks Against Problematic Murabahah Financing Associated with the Use of Notary Covernote Sarah Rizki Ramadhan; Masykur, Hamidi; Sigit Nur Rachmat
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.334

Abstract

Covernote is a certificate from a notary that becomes an important requirement in the disbursement of murabahah financing, especially when the customer has not met the complete requirements, such as the unfinished collateral checking process or the status of the land that still does not have a certificate of ownership. Although it does not have legal force, the Covernote serves as a guideline for Islamic banks in disbursing financing, with the notary responsible for completing the collateral checking process until the issuance of the Deed of Granting Mortgage. Although notaries have the authority to make authentic deeds or deeds under hand, Covernote is not included. This research is important to understand the law related to notary Covernote, the urgency of legal protection for banks in the case of notaries who do not fulfill their obligations, and analysis of legal remedies that can be taken by banks against non-performing loans due to notary negligence in Covernote. The research method used is empirical juridical research, which is a research conducted on the real situation that occurs in the application of legal practice in society and analyzes the actions of legal institutions related to these problems which aim to provide legal certainty. The conclusion obtained is that the quality of financing is the main indicator in assessing the financial health and risks faced by an Islamic bank. The category of financing, ranging from current to non-performing, illustrates the customer's ability to pay obligations in accordance with the agreed contract. Effective monitoring and management of financing is necessary to identify and address risks in a timely manner, minimize financial risks, and maintain the continuity of bank operations
Notary as the Frontline of Money Laundering Prevention Rezki Amaliah Rusli; Masykur, Hamidi; Laila, Fathul
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.384

Abstract

This research examines the implementation of Government Regulation Number 43 of 2015, especially Article 3, related to the obligation of notaries as reporting parties in preventing money laundering crimes. The research method used to answer the existing problems is Sociolegal Legal research or commonly used as empirical juridical research. The results show that in practice, notaries still face a number of obstacles in carrying out the obligation to report suspicious financial transactions. The legal dilemma that arises in relation to this reporting obligation is often a challenge for notaries. This study further explores the factors that cause these obstacles and their implications for the effectiveness of preventing money laundering crimes.
Efforts to Prevent Land Changes Due to Natural Disasters in Tridi Village Malang City Afuw, Tanzizal; Koeswahyono, Imam; Masykur, Hamidi
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.594

Abstract

To ensure environmental sustainability and mitigate the risk of natural disasters such as flooding, the Malang City government has imposed a ban on residential development along the banks of the Brantas River through Malang City Regional Regulation No. 6 Year 2022. This study examines the measures adopted by the Malang City government to regulate the spatial layout of settlements in Kampung Tridi and prevent land degradation due to natural disasters, similar to the approach taken in Taman Bendung Tirto. Using Socio-Legal methodology, the study explores the perceptions and legal behaviors of riverside landowners and the government's strategies to protect the land. The findings of this study reveal that the Malang City government's efforts mainly focus on enforcing strict zoning in Kampung Tridi to comply with spatial regulations. This abstract is intended to provide a comprehensive overview of the study, highlighting the importance of the legal framework in urban planning and environmental protection
Legal Implications of The Use of Permit to Open State Land as Collateral for Debt: A Case Study of Regional Regulation of Balikpapan City No. 1 of 2024 Sari, Fitrizka Eka; Koeswahyono, Imam; Masykur, Hamidi
International Journal of Business, Law, and Education Vol. 4 No. 2 (2023): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v4i2.260

Abstract

Indonesia is a country abundant in natural resources and human resources, aiming to provide prosperity for its people. The need for credit and the provision of credit facilities require collateral. The government has established a credit guarantee institution capable of providing legal certainty and legal protection. One of these institutions is the Mortgage Rights institution regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Related Objects (UUHT). In the city of Balikpapan, East Kalimantan, there is a legal product in the field of land management based on regional autonomy, adhering to the principle of decentralization that grants authority through the enactment of Regional Regulation Number 1 of 2014 concerning State Land Opening Permits, known as "Izin Membuka Tanah Negara" (IMTN). IMTN is a permit granted by the Mayor or designated official to individuals or legal entities to open and/or utilize state-owned land directly controlled by the government. In this Regional Regulation, it is explicitly stated that IMTN cannot be used as collateral for debt transactions. However, in Balikpapan, there are still cooperatives or financing institutions that accept IMTN as collateral, binding it with a credit guarantee that is subsequently accompanied by an additional agreement known as "Surat Kuasa Membebankan Hak Tanggungan" (SKMHT). The existence of collateral with IMTN as the object is not permitted, as IMTN serves as administrative evidence for the initial proof of land rights ownership in Balikpapan. IMTN can later be processed to become land rights (Ownership Rights, Building Utilization Rights, Right to Use), which has led Notaries and Banks to accept IMTN as collateral.
Co-Authors Afuw, Tanzizal Fathul Laila, Fathul Imam Koeswahyono Rezki Amaliah Rusli Sarah Rizki Ramadhan Sari, Fitrizka Eka Sigit Nur Rachmat