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SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR Maskanah, Ummi; Burhanuddin, Sisca Ferawati; Zaenudin, KM Ibnu Shina; Suhartini, Siti Pujiastuti
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1390

Sharia banks also target MSMEs through KUR loans, growing like mushrooms in the rain. The small loan value becomes disproportionate if a dispute is resolved through the judicial process. So what is needed by financial service providers and the public is a dispute resolution model that is effective and efficient, fair and certain. Research specifications use descriptive analytical methods, with normative and empirical juridical approaches. The data used is secondary data with data collection techniques through literature studies and field studies, then the data is analyzed using legal interpretation and construction, using qualitative juridical methods. The settlement of sharia economic disputes juridically can be resolved in two ways, namely through litigation and non-litigation. According to the results of the study, currently the KUR guarantor is PT Jamkrindo Syariah under the supervision of the OJK, in practice when there is bad credit Jamkrindo Syariah chooses a non-litigation dispute resolution model by means of deliberation and mediation off line and online based on the good faith of the parties (vide Article 55 of Law Number 21 of 2008 and Perma Number 3 of 2022), so as to fulfill a sense of justice and legal certainty, therefore there is a need for a special legal umbrella for resolving sharia economic disputes outside the Court.

Pembangunan Dan Perkembangan Hukum Investasi Hubungan Industrial Di Indonesia Dalam Perspektif Hukum Integratif Zaenudin, KM Ibnu Shina; Risnandar, Aep
Journal Evidence Of Law Vol. 4 No. 2 (2025): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i2.1510

Investment is one of the main pillars of a country's economic development, but it often faces the complexities of industrial relations issues that can significantly affect the investment climate. Investmentlaw in Indonesia has undergone various changes in line with global and domestic economic dynamics,including efforts to attract investment thru various incentives. On the other hand, industrial relations lawseeks to create fairness and balance between the rights and obligations of employers and workers. ProfessorRomli Atmasasmita's integrative legal approach, which emphasizes the harmonization of various branchesof law to achieve development goals, is relevant for analyzing how these two legal fields can synergize or,conversely, create disharmony in practice. This research aims to identify the challenges and opportunitiesin integrating investment law and industrial relations law to create a conducive investment climate whileensuring justice for workers. The conclusion of this research is that, so far, Indonesian investment law andindustrial relations have operated separately, creating disharmony. An integrative approach is needed forharmonization and balancing social economic goals, therefore, the Job Creation Law needs to be revised tofocus more on integrating worker protection and investment with the aim of synergizing economic growth and welfare.

Development and Evolution of Indonesian Law from the Perspective of Development Law Theory Risnandar, Aep; Zaenudin, KM Ibnu Shina
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i2.893

This research examines the development of Indonesian law from the perspective of the Theory of Development Law proposed by Mochtar Kusumaatmadja, emphasizing the role of law as a proactive agent in social transformation. Using a normative-juridical approach, the analysis focuses on strategic regulations such as the Investment Law and the Job Creation Law, which, despite aiming to boost economic growth, still fail to fundamentally address social inequality. This paper also explores the challenges of the digital age, particularly digital inclusion, data protection, and algorithmic fairness, which are becoming increasingly crucial in legal systems. The research results indicate that the current development of Indonesian law is more focused on economic growth, but is not yet effective enough in addressing social and economic inequality. The law needs to be reformed to be more just and inclusive, providing real protection for marginalized groups, and developing law theory must adapt to the digital era and the data economy. Digital regulation is important for data protection and inclusion, as well as leveraging technology to ensure justice and equitable access in technology-based development. These findings propose more inclusive and just legal reforms, focusing on strengthening legal institutions and culture to protect marginalized groups and ensure equal and transparent legal access for all members of society, and digital regulations must be developed to guarantee the protection of personal data, digital inclusion, and transparency using the latest technologies, so that the benefits of digital transformation can be felt equally without creating new disparities.

SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR Maskanah, Ummi; Burhanuddin, Sisca Ferawati; Zaenudin, KM Ibnu Shina; Suhartini, Siti Pujiastuti
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1390

Sharia banks also target MSMEs through KUR loans, growing like mushrooms in the rain. The small loan value becomes disproportionate if a dispute is resolved through the judicial process. So what is needed by financial service providers and the public is a dispute resolution model that is effective and efficient, fair and certain. Research specifications use descriptive analytical methods, with normative and empirical juridical approaches. The data used is secondary data with data collection techniques through literature studies and field studies, then the data is analyzed using legal interpretation and construction, using qualitative juridical methods. The settlement of sharia economic disputes juridically can be resolved in two ways, namely through litigation and non-litigation. According to the results of the study, currently the KUR guarantor is PT Jamkrindo Syariah under the supervision of the OJK, in practice when there is bad credit Jamkrindo Syariah chooses a non-litigation dispute resolution model by means of deliberation and mediation off line and online based on the good faith of the parties (vide Article 55 of Law Number 21 of 2008 and Perma Number 3 of 2022), so as to fulfill a sense of justice and legal certainty, therefore there is a need for a special legal umbrella for resolving sharia economic disputes outside the Court.

Reinterpretation of the Principle of Family, Chapter 33 of the 1945 Constitution of the Republic of Indonesia in the Era of Platform Capitalism within the Framework of the Modern Economy of the 21st Century Zaenudin, KM Ibnu Shina; Nurhayati, Rika; Bakar, Bakar
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1404

The modern economy, which relies on Big Data architecture and sophisticated algorithms, presents a disturbing information loop in today's development landscape. This research uses a normative-empirical legal research method (socio-legal research) with a contextual and comparative approach. Philosophically, the principle of kinship in Chapter 33 of the 1945 Constitution of the Republic of Indonesia rejects the liberal anthropological view that views humans solely as rational, selfish, profit-seeking creatures. In relation to the implementation of the contemporary social function of the digital economy, this demands a bold regulatory strategy to counter the concentration of power in the digital oligarchy. The first strategy is to redefine data ownership through the establishment of Data Cooperatives or Data Trusts. By making workers the owners of the platform, profits no longer flow abroad or to a handful of investors but circulate back into the worker community itself, creating a healthy and equitable economic circulation as mandated by Article 33 of the 1945 Constitution of the Republic of Indonesia.

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