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All Journal Musawa: Journal For Gender Studies Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab The Digest: Journal of Jurisprudence and legisprudence
Falah, Nabilah
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice

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ANALISIS PERBANDINGAN HUKUM PERDATA INTERNASIONAL DAN HUKUM ISLAM KONTEMPORER TERHADAP TRANSAKSI VALUTA ASING : A Comparative Study of International Civil Law and Contemporary Islamic Law Aslamiyah, Mujadiddah; Falah, Nabilah; Paqih, Ibnu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55817

Abstract

Foreign currency transactions in Indonesia are regulated by Law of the Republic of Indonesia Number 7 of 2011 concerning Currency, which makes the Rupiah the only legal tender in Indonesia, with exceptions for certain transactions such as international trade and foreign exchange transactions conducted through banks authorized by Bank Indonesia. This study was a normative juridical with a comparative approach that intended to compare two views of private international law and contemporary Islamic law through secondary data sources. The results of the study indicated that in private international law, foreign exchange transactions were regulated by freedom of contract, which limited the application of international legal norms. On the other hand, in Islamic Law, foreign exchange transactions must be carried out with the principle of justice and avoid practices involving usury, maysir (speculation), and gharar (uncertainty). Islamic law recommends that transactions be carried out in cash (spot), which is in accordance with sharia provisions to avoid prohibited speculative elements. Although these two legal systems have different approaches, both aim to ensure fair transactions by applicable provisions. Therefore, in practice, foreign exchange transactions must meet the principles of transparency, fairness, and compliance with existing regulations, both in the national legal system and Islamic law, to avoid practices that are detrimental and inconsistent with applicable laws.
ANALISIS GENDER TERHADAP PERAN ISTRI DALAM MENJALANKAN FUNGSI KELUARGA: Studi Pasangan Keluarga Jarak Jauh di Purwokerto, Kabupaten Banyumas falah, Nabilah
Musawa: Journal for Gender Studies Vol. 15 No. 2 (2023)
Publisher : Pusat Studi Gender dan Anak, IAIN Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/msw.v15i2.2296

Abstract

Women are often burdened with carrying out family functions, especially for long-distance partners. This is due to the gender bias that grows in society and places women with feminine characteristics in the domestic sector, while men with masculine characteristics are placed in the public sector. This article tries to explain the role of the wife in carrying out family functions for long-distance family couples, especially for informants in the city of Purwokerto. This type of research is field research using a gender approach to determine the existence of gender bias that occurs in the distribution of family function roles. Primary data obtained from interviews was then analyzed qualitatively. Based on the research results, it can be concluded that the role of husband and wife in carrying out family functions in long-distance couples in Purwokerto is mostly carried out by women as wives, which causes women to experience multiple burdens. This is due to the patriarchal culture and government policies which seem to place women in a domistic position and are responsible for everything that happens in their household.
Corporate Compliance with Acquisition Notification Obligations to the KPPU: A Legal Review of Article 29 of Law No. 5 of 1999 (Case Study of TikTok Nusantara – Tokopedia) Aslamiyah, Mujadiddah; Falah, Nabilah; Gunawan, M Safaat; Paqih, Ibnu
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 2 (2025): The Digest, December 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i2.36760

Abstract

The notification of a company acquisition based on Article 29 of Law No. 5 of 1999 concerning Prohibition of Monopoly and Unfair Business Competition is an obligation that must be fulfilled by business actors. In January 2024, TikTok Nusantara (SG) Pte. Ltd acquired shares in the company PT Tokopedia, Tbk, which resulted in an obligation to report or notify the Business Competition Supervisory Commission (KPPU) of the purchased shares. However, based on KPPU Decision Number 02/KPPU-M/2025, there was a delay in notification from TikTok Nusantara (SG) Pte. Ltd as the acquiring party to the KPPU. The cross-border transaction involving the Big Tech entity resulted in administrative sanctions in the decision. However, in its defense as mentioned in the decision, the acquiring party stated that it had submitted a post-acquisition notification, but the reporting party was its parent company, TikTok Pte. Ltd, so the KPPU considered that there was a violation related to the legal entity obliged to submit the notification, particularly in the context of using a foreign Special Purpose Vehicle (SPV) as the acquiring entity. The main issue lies in the ambiguity of the identity of the party considered to be the acquiring party’s legal entity, and the effective time of the transaction used as the basis for calculating the notification deadline. This study uses a normative juridical method with a case approach to KPPU Decision Number 02/KPPU-M/2025. The unclear legal status of SPVs in multinational corporate structures has the potential to create legal uncertainty and hamper the effectiveness of market concentration supervision in the digital sector.
Co-Authors Aslamiyah, Mujadiddah Gunawan, M Safaat Paqih, Ibnu