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All Journal LEGAL BRIEF MILRev: Metro Islamic Law Review
Tan Kamello
Universitas Sumatera Utara, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Scope of the Element of Trick in Arbitration Board Decisions in Indonesia Joshua Narwastu Sijabat; Tan Kamello; Rosnidar Sembiring; Abdul Haris Nasution
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1170

Abstract

This study aims to determine the scope of the element of deception in the cancellation of arbitration decisions after the Constitutional Court Decision No. 15/PUU-XII/2014. The type of research used in this study is normative legal research (normative juridical). The nature of the research is descriptive, which explains how to study problems in society, develop concepts, collect facts, but does not test hypotheses. The type of data used is secondary data in the form of legal materials. Legal materials are in the form of primary legal materials and secondary legal materials. Primary legal materials are authoritative legal materials. While secondary legal materials are in the form of all publications on law including textbooks, legal dictionaries, legal journals and comments on court decisions. By limiting the scope of the element of deception in the cancellation of arbitration decisions, it can provide justice for the disputing parties
Contemporary Legal Certainty in Insurance Default Claims: A Comparative Study of Islamic and Positive Law Perspectives Isdiana Syafitri; Sunarmi; Tan Kamello; Hasim Purba
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10465

Abstract

The breach of contract (wanprestasi) in contemporary insurance practices often results in legal uncertainty, particularly for insured parties who experience losses due to denied or inadequately fulfilled claims. This article examines the legal challenges associated with breach of contract claims in the Indonesian insurance context through a comparative analysis of positive and Islamic law perspectives. Utilizing a normative juridical approach, the study analyzes relevant legislation, including the Indonesian Civil Code (KUHPer) and Financial Services Authority (OJK) regulations, alongside principles of fiqh muamalah related to contracts, justice, and legal certainty. The findings reveal that while positive law offers a relatively structured legal framework, its practical implementation still encounters significant barriers to ensuring adequate legal protection. Conversely, Islamic law underscores the importance of contract clarity—particularly in tabarru' and tijarah agreements—and upholds justice as a core value in transactional relationships. These principles can enhance legal certainty and ethical standards in dispute resolution processes when applied. This article contributes to the academic discourse by providing a theoretical and comparative foundation for developing a more inclusive and justice-oriented insurance dispute resolution model that integrates national legal norms and Islamic ethical values. It is expected to offer valuable insights for policymakers, legal scholars, and practitioners in designing responsive insurance policies aligned with the needs of a pluralistic society.
Co-Authors Abdul Haris Nasution Hasim Purba Isdiana Syafitri Joshua Narwastu Sijabat Rosnidar Sembiring Sunarmi