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All Journal Media Hukum Indonesia (MHI) Journal of Economic and Islamic Research
Ramadhani, Laily Fitria
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Pendekatan Sibernetika Dalam Hukum: Analisis Presepsi Talcott Parsons Terhadap Dinamika Sistem Nasional Hukum Indonesia Ramadhani, Laily Fitria; Maromi, Nailul; Tudin, Ahmad Khayat
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14167591

Abstract

International law as one of the laws that has often been built by several countries makes a separate foundation in its creation, in this case the law has many roles in the concept of national law, for example in the theory of tallcon person national law in becoming a structure in the development of law that runs in Indonesia, where in the research method in this case using normative juridical so that it can provide a very broad balance in its object. This needs to be explained that national law is one of the materials contained in the theory of customary law and international law.
Alternatif Penyelesaian Sengketa Wanprestasi dalam Perjanjian Jual Beli Boot Semi Container di Any Tea Jombang Menurut Hukum Islam Ramadhani, Laily Fitria; Fitria, Norma
Journal of Economic and Islamic Research Vol. 3 No. 2 (2025): Juli
Publisher : Prodi Ekonomi Syariah STAI Syaichona Moh. Cholil Bangkalan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62730/journalofeconomicandislamicresearch.v3i2.249

Abstract

The development of the era with the influence of default or better known as broken promises makes alternative methods one of the choices to reduce the costs given in the dispute resolution process. This study examines alternative dispute resolution for default in the sale and purchase of semi-container booths at Any Tea Jombang according to Islamic law.The method applied by islah in creating peace in disputes includes the implementation of obligations and avoidance of prohibitions, placing everything according to its function, applying the principles of justice, forgiveness, and sending a message of peace.The method used is a juridical-empirical legal research with a case study approach. Data were obtained from interviews and literature studies. The results show that Islamic law encourages peaceful resolution through mediation. The study also identifies important factors in the application of settlement, and recommends including a settlement clause in the sale and purchase agreement.The results of this study are that the dispute process can be resolved using the mediation system and the islah system in the process, so that the cancellation of the contract does not occur and the sale and purchase process continues by fulfilling the pillars and conditions. In Islamic law, the mediation system is better known as islah, which is the process of achieving peace, so that the islah method is used in the alternative dispute resolution system, so that successful mediation or islah can "restore" a contract that was previously threatened with cancellation due to default.
Co-Authors Fitria, Norma Maromi, Nailul Tudin, Ahmad Khayat