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All Journal AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Indonesian Journal of Law and Syariah (IJLS)
Putra, Alamsyah Nurrahmad
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Mediation Existence and Opportunities of State Administrative Court in Supreme Court Regulation Maliki, Ibnu Akbar; Saputra, Nugraha Adi; Putra, Alamsyah Nurrahmad
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v4i1.21667

Abstract

The implementation of mediation in the Indonesian judiciary is regulated in Supreme Court Regulation (PERMA) No. 1 of 2016 on Mediation Procedures in Courts. However, the PERMA only regulates the practice of mediation in District Courts and Religious Courts, not in the State Administrative Court. Nevertheless, the PERMA allows the State Administrative Court to conduct mediation by the provisions of the legislation. However, practical guidelines governing mediation at the State Administrative Court are not detailed. In practice, this legal vacuum has led to a lack of optimisation of mediation as an instrument of dispute resolution at the State Administrative Court. The research aims to analyse the extent of the opportunities provided by the Supreme Court in PERMA No. 1 of 2016 to implement mediation procedures at the State Administrative Court. This research is normative juridical and analytical descriptive conducted by literature review. The data was collected using the documentation technique to be analysed using the normative analysis method. The analysis indicated no specific rules regarding the implementation of mediation at the State Administrative Courts. Still, the opportunity is wide open when viewed from the type of case, which is generally included in the civil case type. Furthermore, then PERMA is not the only absolute legal basis for the implementation of mediation at the State Administrative Court, as confirmed in Article 130 HIR and Article 154 RBg. The PERMA only fills the legal vacuum related to mediation procedures not explained in the previous regulations. Therefore, it is necessary to reform the law related to mediation at the State Administrative Court to achieve a court with integrity, speed, simplicity and low cost.
Legal Analysis of Agency Agreements under the Principle of Taisir in Islamic Contract Law Maslamah, Annisaul; Putra, Alamsyah Nurrahmad
Indonesian Journal of Law and Syariah Vol. 1 No. 1 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijlh.v1i1.1

Abstract

This research aims to analyze agency agreements from the perspective of the principle of taisir (ease), which is one of the fundamental principles that must be upheld in the implementation of contracts within the framework of Sharia. This research employs a normative legal methodology by utilizing library research for data collection. The approaches adopted in this study are the statutory approach and the conceptual approach. The results of this study indicate that the concept of agency in business relationships is a necessity in the process of distributing goods from producers to consumers. There exists a gap in time, geography, and quantity between producers and consumers, which makes the role of agency increasingly indispensable. The agency concept is equated with the relationship between the principal and the agent under the Civil Code (KUH Perdata), and in Sharia contract law, the characteristics of agency can be likened to wakalah al-muqayadah. The existence of agency agreements represents an efficient form of economic behavior, which is also aligned with the principle of taisir in Sharia contracts, defined as the facilitation of daily economic transactions. On the other hand, this also reflects the flexibility of Islamic Sharia in addressing contemporary issues.
Co-Authors Maliki, Ibnu Akbar Maslamah, Annisaul Nugraha Adi Saputra, Nugraha Adi