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All Journal Jurnal Ilmu Hukum The Juris Journal Indonesia Law and Policy Review (JILPR)
Liwa, Maria Ana
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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SYSTEM OPERATING PROCEDURE SEBAGAI REGULASI INTERNAL PENGELOLAAN ZAKAT DI BAZNAS Hambali, Ahmad; Chandra, Alex; Trisnomurti, Ria; Liwa, Maria Ana
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1488

Abstract

BAZNAS is a non-structural government institution established under Law No. 23 of 2011 with the aim of managing zakat effectively and efficiently to alleviate poverty and improve the welfare and prosperity of the community. To achieve these strategic objectives, the implementation of professional governance, manifested through adherence to both internal regulations (policies, systems, and procedures) and external regulations (general regulations and norms), plays a crucial role in the growth and development of not only the central BAZNAS but also BAZNAS branches throughout Indonesia. As part of optimizing national zakat governance, BAZNAS continuously improves its zakat management performance by organizing and strengthening systems, procedures, and regulations, especially those governing BAZNAS internally, through their implementation at both the central and regional levels. Strengthening zakat governance, particularly through the implementation of systems and procedures by all BAZNAS, is expected to not only drive the achievement of the target of trustworthy zakat management but also enhance the credibility and trust of the community, especially muzakki (zakat payers) and mustahik (zakat recipients), in paying zakat, infaq, and sadaqah to BAZNAS. Therefore, the central BAZNAS requires a standardized implementation of systems and procedures for regional BAZNAS to be immediately applied in managing zakat in their respective regions. This will be achieved through mentoring and technical training on the implementation of various internal regulations, systems, and procedures for zakat management. The goal is to maximize the implementation of standardized policies, systems, and procedures for zakat management in the regions by mentoring and simulating regional zakat managers to enable them to carry out zakat management more professionally.
LIMITS OF DEFAULT AND FRAUD IN LOAN AGREEMENTS Wijaya, Adi; Kursiswanti, Eli Tri; Liwa, Maria Ana
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.506

Abstract

This article examines the legal boundaries between default (breach of contract) and fraud in loan agreements under Indonesian law. Although default is essentially a civil matter arising from contractual relationships, in practice, many cases are criminalized under fraud charges. The study employs a normative juridical method with a doctrinal approach, relying on statutory interpretation of the Indonesian Civil Code (Article 1320) and the Criminal Code (Article 378), supported by legal scholarship, jurisprudence, and case examples. Through qualitative analysis of primary, secondary, and tertiary legal materials, the study highlights how good faith distinguishes default from fraud, while fraudulent intent (mens rea) can shift a contractual breach into a criminal offense. The findings indicate that overcriminalization of contractual disputes risks undermining legal certainty and justice for parties. Therefore, law enforcement officials must carefully assess whether a dispute falls within the civil domain or fulfills the elements of a criminal act. This article concludes that default should remain a civil matter unless deceit and malicious intent are present from the outset of the agreement.
SYSTEM OPERATING PROCEDURE SEBAGAI REGULASI INTERNAL PENGELOLAAN ZAKAT DI BAZNAS Hambali, Ahmad; Chandra, Alex; Trisnomurti, Ria; Liwa, Maria Ana
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1488

Abstract

BAZNAS is a non-structural government institution established under Law No. 23 of 2011 with the aim of managing zakat effectively and efficiently to alleviate poverty and improve the welfare and prosperity of the community. To achieve these strategic objectives, the implementation of professional governance, manifested through adherence to both internal regulations (policies, systems, and procedures) and external regulations (general regulations and norms), plays a crucial role in the growth and development of not only the central BAZNAS but also BAZNAS branches throughout Indonesia. As part of optimizing national zakat governance, BAZNAS continuously improves its zakat management performance by organizing and strengthening systems, procedures, and regulations, especially those governing BAZNAS internally, through their implementation at both the central and regional levels. Strengthening zakat governance, particularly through the implementation of systems and procedures by all BAZNAS, is expected to not only drive the achievement of the target of trustworthy zakat management but also enhance the credibility and trust of the community, especially muzakki (zakat payers) and mustahik (zakat recipients), in paying zakat, infaq, and sadaqah to BAZNAS. Therefore, the central BAZNAS requires a standardized implementation of systems and procedures for regional BAZNAS to be immediately applied in managing zakat in their respective regions. This will be achieved through mentoring and technical training on the implementation of various internal regulations, systems, and procedures for zakat management. The goal is to maximize the implementation of standardized policies, systems, and procedures for zakat management in the regions by mentoring and simulating regional zakat managers to enable them to carry out zakat management more professionally.
Co-Authors Adi Wijaya Ahmad Hambali, Ahmad Alex Chandra Kursiswanti, Eli Tri Trisnomurti, Ria