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All Journal al-Afkar, Journal For Islamic Studies
Yenrizka Gusmaria
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Social Sciences

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Analysis of Joint Property Disputes Undergoing Mediation: A Case Study of the Pasir Pangaraian Religious Court Yenrizka Gusmaria; Tri Setiady
al-Afkar, Journal For Islamic Studies Vol. 8 No. 2 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i2.1378

Abstract

Marriage is an inner relationship between a man and a woman whose aim is to form an eternal family based on the Almighty Godhead. Joint assets are assets that are acquired throughout the marriage from the time the marriage takes place until the marriage ends or the dissolution of the marriage due to divorce, death or a court decision. Mediation is an effort to resolve conflict by involving a neutral third party, who does not have the authority to make decisions that helps the disputing parties reach a resolution (solution) that is acceptable to both parties. This research aims to analyze joint assets from the perspective of statutory regulations, customary law and Islamic law, as well as dispute resolution through mediation. In this research, the author uses case study data from the Pasir Pengaraian religious court to find out the problems of joint property disputes which were resolved through mediation. The results of this research show that even though there are problems that arise because one party feels that the distribution is unfair, they can find a middle point through mediation. Therefore, mediation has become an important mechanism in law and mediation provides an effective solution to resolve disputes between the parties involved without having to go through formal justice channels. By holding mediation, the disputing parties hand over the resolution of their dispute to one or more independent arbitrators who are considered experts in the matter
Addressing and Improving Legal Development in the Economy Through a Case Study of the Increase in Hajj Pilgrimage Costs in Indonesia Yenrizka Gusmaria; Tri Setiady
al-Afkar, Journal For Islamic Studies Vol. 8 No. 2 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i2.1379

Abstract

The Hajj pilgrimage is an important religious journey and must be carried out by all Muslims in the world and Indonesia has the largest Muslim population in the world. This research aims to analyze the development of the number of Hajj pilgrims in Indonesia in recent years and analyze the significant increase in Hajj costs after the Hajj pilgrimage was closed during the Covid-19 pandemic. In this research, the author uses statistical data to determine the development of Hajj pilgrims, the factors increasing the cost of the Hajj pilgrimage and the social and economic impact. The results of this research show that despite the increase in the cost of the Hajj pilgrimage, pilgrims still continue to increase compared to the previous year. One of the factors for the increase in Hajj pilgrims is due to the closure of access to the Hajj pilgrimage in 2020 to 2021, this is due to the Covid-19 pandemic. The impact of the pandemic has affected all countries' economies, one of the countries affected is Indonesia, because this significant change in the Indonesian economy has resulted in an increase in the cost of the Hajj. With the proposed increase in the cost of the Hajj pilgrimage every year, it is a form of understanding regarding legal and economic development in Indonesia. It can be said that if the law is unable to play an effective role, it will certainly have a negative impact on economic development.
Legal effort in the case of binomo trading fraud under the disguise of investment and the criminal acts of money laundering are committed in connection with law no. 19 of 2016 and law no. 8 of 2010 Yenrizka Gusmaria; Tri Setiady
al-Afkar, Journal For Islamic Studies Vol. 8 No. 4 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i4.1769

Abstract

Trading is very popular in various countries, one of which is Indonesia, this is an activity of buying and selling assets in the financial market with the aim of making a profit. Assets that are usually traded in trading can be stocks, foreign exchange, bonds, gold, cryptocurrencies and other investment instruments. Treaders usually make transactions by buying assets when the price is relatively cheap and selling them again when the price goes up, in the hope of making a profit from the fluctuations in the price of the asset. Some time ago, Indonesia was shocked by a case carried out by one of the influencers, Indra Kesuma alias Indra Kenz, who committed trading fraud in the name of investment through electronic media. From this case, many victims reported because they felt disadvantaged by the suspect, the losses incurred were also very large. In addition to the fraud case committed by the suspect, a money laundering crime was also found to hide or disguise the origin of funds obtained from these illegal activities, so that it appeared as if it came from a legitimate source. This study aims to analyze cases of trading fraud under the guise of investment with the motive of spreading false and misleading news that results in consumer losses. In this study, the author uses quantitative data to analyze the fraud system under the guise of investment and money laundering committed in the case of Indra Kenz through the illegal Online Binary Options (Binomo) gambling platform in Indonesia in relation to Law No. 19 of 2016 concerning Information and Electronic Transactions and Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering.
Responsibilities of Curators Who Do Not Fulfill Their Obligations to Creditors According to Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations Yenrizka Gusmaria; Teuku Syahrul Ansari
al-Afkar, Journal For Islamic Studies Vol. 8 No. 4 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i4.1770

Abstract

Bankruptcy is something that often happens in the business world, it refers to a condition where a debtor is unable to pay his debts to creditors that have matured. Bankruptcy occurs when a debtor has two or more creditors and does not pay off one debt that can be collected.Bankruptcy is defined as a condition where a debtor is unable to fulfill his debt payment obligations, even though the company's financial condition may still be healthy. This is different from bankruptcy where the company experiences major losses and must stop its operations.One case of bankruptcy is PT Ricky Kurniawan Kertapersada (RKK) and the Ministry of Environment and Forestry (KLHK). In the decision of the Commercial Court at the Medan District Court Number 04 / PDT.SUS-PAILIT / 2023 / PN.NIAGA.MDN dated March 21, 2023, the Ministry of Environment and Forestry filed an objection or renvoi procedure which began with the court granting the bankruptcy petition of PT Ricky Kurniawan Kertapersada (RKK).The reason for the bankruptcy petition of PT Ricky Kurniawan Kertapersada (RKK) is the debt to the Ministry of Environment and Forestry (KLHK) to pay for environmental losses and ecological function restoration costs amounting to Rp. 191,803,261,700 for a civil case of forest and land fires based on the decision of the Jambi District Court Number 139 / PDT.G-LH / 2016 / PN.Jmb Jo High Court Decision Number 65 / PDT-LH / 2017 / PT JMB Jo. Supreme Court Decision Number 2145K / Pdt / 2018 dated October 8, 2018 Jo. Supreme Court Decision Number 854PK / PDt / 2022 which has permanent legal force (inkracht van gewijsde). This study aims to analyze an unpublished bankruptcy case and the legal consequences if the curator does not carry out the order in accordance with his obligations, so that the creditor is not included in the Temporary Receivables List (DPS) or the Permanent Receivables List (DPT).
Co-Authors Teuku Syahrul Ansari tri setiady