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All Journal Jurnal Hadratul Madaniyah Jurnal Penelitian Serambi Hukum Al-Qalam: Jurnal Kajian Islam Dan Pendidikan
Utomo, Hery Dwi
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Application of Murabahah Financing with Debt Transfer (Take Over) in Islamic Banking in Indonesia Utomo, Hery Dwi
Jurnal Hadratul Madaniyah Vol. 12 No. 1 (2025): Jurnal Hadratul Madaniyah
Publisher : ​Institute for Researches and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/jhm.v12i1.9996

Abstract

The level of public trust in the performance of Islamic banking is quite rapid. One of them is because it is based on the principle of ta'āwun (helping and cooperation among people for good and benefit) which is in accordance with the ethnographic conditions of the Muslim population in Indonesia. From the author's observation, the need for (take over) Home Ownership Loans is increasing from conventional banks to Islamic banking. The author highlights the debt transfer financing contract (take over) carried out by Islamic banking with the concept of ta'awun. This research uses empirical research to examine and analyze the implementation and application of law in society and sociological research, to look at law from the point of view of formal institutions and understand the law and the empirical behavior of applicable legal operations. the approach used socio legal research. The application of murabahah financing, one of the financing with the principle of sale and purchase (ba'i) in Islamic banking, provides many benefits for lighter installments for customers.
Purifikasi Jabatan Menteri Dari Partai Politik: Tinjauan Filsafat Ketatanegaraan Islam Al-Ghazali Utomo, Hery Dwi
Al-Qalam: Jurnal Kajian Islam dan Pendidikan Vol 16 No 2 (2024): Al-Qalam: Jurnal Kajian Islam Dan Pendidikan
Publisher : LP2M Universitas Islam Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-qalam.v16i2.3365

Abstract

The phenomenon of concurrent positions when the position as Minister and also occupies the position of a member of a political party shows that there is often a conflict of interest if the Minister's position is affiliated with a political party. This study looks at the relevance of these problems with Al-Ghazali's thinking which in its concept juxtaposes government with the principles of theology, this research is conducted with normative legal research with a philosophical approach. This research shows that the review of Al-Ghazali's constitutional philosophy can be seen as an effort to ensure that a minister can devote his full attention to the moral and ethical responsibilities associated with his government, without being hindered by party political interests. Al-Ghazali regarded the office of minister as a mandate that must be carried out with sincere intentions and responsibility for the welfare of the people. Moral and spiritual principles should be the foundation of policies should be driven by values that can benefit everyone. Ministers who are free from political affiliations will be better able to do their jobs in a way that is fair, objective, and responsible to both the people and God.
Analisis Yuridis Terhadap Tindak Pidana Perampasan Kendaraan Bermotor Oleh Debt Collector Dalam Praktek Leasing di Indonesia (Studi Putusan No. 176/Pid.B/2018/PN. Lbo) Wigianti, Hesty Tanjung; Nugrahaningsih, Widi; Utomo, Hery Dwi; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1479

Abstract

This study aims to determine 1) the legal analysis of the criminal act of unilateral confiscation of motor vehicles by debt collectors in leasing practices in Indonesia (Study of Decision No. 176/Pid.B/2018/PN. Lbo). 2) the legal responsibility of leasing companies for the criminal act of unilateral confiscation of motor vehicles carried out by debt collectors in leasing practices in Indonesia (Study of Decision No. 176/Pid.B/2018/PN. Lbo). This research method uses a normative legal approach. The type of data used is secondary data. Secondary data is data obtained through literature studies. The secondary data of this study are primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique used is qualitative analysis. Qualitative data analysis because it is integrated with the activities of data collection, data reduction, data presentation, and conclusions from research results. The results of the study indicate that the study shows that the decision Number 176 / Pid.B / 2018 / PN Lbo, the taking of motor vehicles by debt collectors without the consent of the debtor, without a legal execution procedure, and accompanied by elements of coercion or threats, fulfills the elements of a criminal act as regulated in Article 365 of the Criminal Code (theft with violence) or Article 368 of the Criminal Code (extortion), depending on the modus operandi and legal facts in the trial. This confirms that the action is not just a matter of civil default, but has entered the criminal realm. Leasing companies can be held legally responsible as an extension of the financing company based on the principle of vicarious liability, the provisions of Article 1367 of the Civil Code for unlawful acts committed by debt collectors as long as they carry out their duties. Decision No. 176 / Pid.B / 2018 / PN Lbo shows that the pretext of using a third party does not eliminate the company's legal responsibility. If a debt collector commits an unlawful act in the process of billing or repossessing a vehicle, the leasing company can be held accountable either criminally, civilly or administratively and is liable under consumer protection law.
Co-Authors Evi Elisanti, Evi Nugrahaningsih, Widi Wigianti, Hesty Tanjung