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All Journal Awang Long Law Review Journal of Law, Poliitic and Humanities
Suhartini, Siti Pujiastuti
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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

Abstract

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.
Enforcement of Criminal Law Against Perpetrators of Criminal Acts of Attacking Vital Organs (Study of Decision Number: 59/Pid.B/2021/PN Lbh) Suhartini, Siti Pujiastuti
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1581

Abstract

This research aims to analyze the proof of the element “intentionally” in the crime of taking the life of another person through an attack on the victim's vital organs. In cases such as murder and maltreatment causing death, the element of intent is a key element that must be proven, although it is often difficult to prove in practice. This research examines the application of jurisprudence Number 1/Yur/Pid/2018 and how this principle is applied in District Court Decision Number 59/Pid.B/2021/PN LBH. The method used is normative legal research with the approach of legislation, concepts, and cases. The results show that based on “Jurisprudence Number 1/Yur/Pid/2018” which states “The element of intentionally taking life is fulfilled if the perpetrator attacks the victim with tools, such as sharp weapons and firearms, in parts of the body where there are vital organs, such as the chest, abdomen and head”. In the verdict in criminal case number 59/Pid.B/2021/Pn Lbh, there was no unanimous consensus due to differences of opinion caused by the difficulty of proving the element of intent on the part of the Defendant, which in the end the Defendant was found legally and convincingly guilty of committing the crime of persecution.
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

Abstract

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.
Co-Authors Burhanuddin, Sisca Ferawati Hj. Ummi Maskanah Zaenudin, KM Ibnu Shina