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Legal Protection for the Partnership Agreement Parties

al-risalah
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Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi

ISSN : 1412436X EISSN : 25409522 DOI : https://doi.org/10.30631/alrisalah.v22i1.1118

Core Subject : Economy, Social,

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, criminal law, civil law, international law, constitutional law, administrative law, economic law, medical law, customary law, environmental law and so on.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 418 Documents

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Relocation Model of Waqf Land and Buildings Impacted by Sidoarjo Mud Blowout Rokhim, Abdul; Suratman, Suratman
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This research aims to analyse the validity relocation of land and buildings that cannot be used according to the aim of waqf stipulated in the Islamic Sharia and the Law on Waqf, as well as the relocation model of land and buildings that are impacted by the Sidoarjo mud blowout. This is juridical-normative research that uses statutory and conceptual approaches. The results show that there are dissents among Islamic law experts on the permissibility of waqf object relocation. Then, the Law on Waqf prohibits waqf diversion, except for public interests. Then, the Presidential Decree No. 14 of 2007 and its changes do not regulate waqf object replacement. Even so, in 2020 the government has relocated 8 out of 50 waqf objects outside of the Map of Impacted Area through build swap (ruilslag), whereas none of the waqf objects within the Map of Impacted Area that is the obligation of PT Lapindo Brantas company have been substituted. According to Article 15 clause (1) and (3) of the Presidential Decree No. 14 of 2007, the waqf land or buildings should be relocated using the sales transaction scheme. Its proceeds will then be used to buy substitute waqf objects elsewhere.

Grandfather Clause in the Trade Sector as a Security in Investment after Job Creation Act Fitriyani, Anisa Hesti; Dirkareshza, Rianda
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study discusses the application of the Grandfather Clause, especially in the trade sector, as a form of certainty in investment law after the issuance of the Job Creation Act. The main issues discussed in this study are how to apply the Grandfather Clause to ensure legal certainty for investors and business actors in the trade sector pre-Job Creation Act. And whether the Grandfather Clause can be a form of legal certainty for investors and business actors in the trade sector that engaged in the post-Job Creation Act. Of course, the aim is to analyze the application of the Grandfather Clause, especially in the trade sector, as a means of legal certainty for investors or business actors engaged in the trading sector. The research method used is a normative research method with a statute approach. The research results show that implementing the Grandfather Clause after changes of the Negative Investment List (DNI) from year to year can provide legal certainty for investors and business actors. In addition, it is also known that the actual implementation of the Grandfather Clause can be adjusted according to the preferences of investors and business actors. In this case, the Grandfather Clause may not be applied if it is felt that the provisions and licensing requirements in the existing regulations are considered more profitable.

Penetration of International Economic Law in the Development of the Cyber Notary Concept in Indonesia Lubis, Ikhsan; Murwadji, Tarsisius; Sukarja, Detania; Rosmalinda, Rosmalinda
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study aims to describe the penetration of international economic law in the development of the cyber notary concept in Indonesia. The development of the world today, which has entered the Industrial Revolution 4.0, has forced international law to develop the idea of a cyber notary. It needs to be conducted because Indonesia has no legal instrument to regulate cyber notaries. This study adopts legal research conducted to examine the problem in a normative juridical approach where the author examines various laws and regulations because normative juridical conceptualizes law as a written norm and is poured into legislation used as a benchmark for the community. The study results indicate that various legal instruments have been established, such as legal norms regarding Cyber Notaries in Indonesia, which are contained in the Act, in particular a. Law No. 2 of 2014 concerning amendments to Law No. 30 of 2004 concerning the Position of a Notary. Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), Law No. 40 of 2007 concerning Limited Liability Companies.

Implementation of Curator's Authority to Filing Actio Pauliana Suit (Study of Case Verdict Number 01/Pdt.Sus/ActioPauliana/2016/PN.Niaga.Jkt.Pst) Anindra, Charla Ferina
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

To protecting the interest of creditors which are prejudiced due to legal actions conducted by debtors, Law Number 37 Year 2004 provides a legal action through actio pauliana. The research based on Verdict Number 01/Pdt.Sus/ ActioPauliana/2016/PN.Niaga.Jkt. The authority of Tommy Simorangkir as a curator in filing an actio pauliana suit towards the debtor’s bankrupt assets in the form of a plot of land which is owned by the bankrupt and 2 (two) other persons, and whether the legal consideration of the panel of judges in deciding the case has been correct or incorrect. The type of research which the author uses in this research is a normatif research and uses the statue and case approach. The data which is used in this research are secondary data by using legal materials. The result finds that the authority to file an actio pauliana suit in a bankruptcy case is possessed by curators and Tommy Simorangkir has the authority to file actio pauliana although the asset is not only owned by the debtor alone, however, actio pauliana filed in the said case shall be rejected since it is not proven that the debtor is aware that their conduct is prejudicial to the creditor.

The Effect of Financial Report Transparency and Zakat Management on Muzakki Trust in BAZNAS Lombok Timur Munir, Zainal Arifin Haji
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study aims to analyze the effect of variable transparency of financial reports and zakat management at the National Amil Zakat Agency (BAZNAS) Lombok Timur on Muzakki trusts. As a non-profit organization, BAZNAS needs to pay attention to the satisfaction of the Muzakki, transparency and accountability of their institution to be able to increase Muzakki loyalty. The sample in this study is people who pay zakat (Muzakki) through BAZNAS. The Number of Samples used in this study amounted to 93 respondents, the data source was observations, questionnaires and documentations. The analysis of the data used IBM SPSS Statistics version 26. Analysis was carried out by several tests, success as validity test, reliability test, normality test, heteroscedasticity test, linearity test, linear regression analysis and coefficient of determination test. The results of this study indicate that the zakat management variable has a significance value of 0.014 <0.05 and a tcount value of 2.515> 1.98667, which means that the zakat management variable affects the trust of Muzakki. The transparency of financial statements has a positive and significant effect on Muzakki's trust, so the second hypothesis in this study is accepted. The results of this study indicate that the financial statement transparency variable has a significance value of 0.000 <0.05 and a tcount value of 5.208> 1.98667, which means that the financial statement transparency variable has an effect on Muzakki's trust. Zakat management and transparency of financial statements simultaneously affect the trust of Muzakki. So that the third hypothesis in this study is accepted. The results of this study indicate that the zakat management variable has a significance value of 0.000 <0.05 and an Fcount of 66,000> 3.10. So, it can be concluded that the variables of zakat management and financial statement transparency have a simultaneous effect on Muzakki's trust.

Presidential Decree as the Norm in Legal Politics (A Comparative of the Presidential Decree in Tunisia and Indonesia During Soekarno and Abdurrahman Wahid) Ahmad, Jafar; Fadillah, Nisaul
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This article investigates a legal politics in Tunisia and Indonesia focuses the fate of the presidential decree in Tunisia in the dissolution of Parliament context. Did it succeed or fail? This analysis is obtained through a comparative study of the same pattern in Indonesia, namely the presidential decree during the Soekarno leadership and Abdurrahman Wahid or Gus Dur. The data is obtained through literature studies such as scientific books and journals. Researchers also construct the data through online media studies both at domestic and abroad. The results of this study illustrate how the pattern of the Presidential decree in Tunisia on July 27th, 2021. It has similarities with the presidential decree that occurred during the Soekarno Presidential era on July 5th, 1959. Military forces fully supported the decree that led to the dissolution of Parliament. Unlike Gus Dur, who stepped down from his post after issuing a decree. Kais Saied's decree in Tunisia is predicted to be a success and perpetuate his reign as President.

Why the Growth of Qanun Jinayah in Aceh was Slowly? An Analysis Using Structural Functionalism Theory Roslaili, Yuni; Suparwany, Suparwany; Ahmad Nadzri, Amirulhakim Bin
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The growth of Qanun Jinayah in Aceh is running stagnantly, although the implementation of Islamic Sharia has been implementing for seventeen years. The local government ratified only five qanun Jinayah. In fact, within that time, Aceh Government had imposed 177 qanuns and the crime rate in the region is increasing. Based on the case, this article aims to discuss recent progress of Jinayah law in Aceh and the challenges it faces. Then, using structural-functionalism theory discuss how coordination among sharia institutions worked as part of totality implementation of Islamic law in Aceh. By using qualitative and descriptive-interpretative methods, to examine interpretations and experiences of the subjects, in this case the sharia institutions, including Islamic Sharia Office, the Ulama Consultative Council, Sharia Court, and Sharia police, during their effort to implement Islamic Sharia. And finally, draw conclusion that the growth and development of Jinayah law in Aceh was prolonged because of weak coordination function among the sharia institutions. Therefore, it required a systematic approach based on structural-functionalism theory to encourage coordination between the sharia institutions in supporting the kaffah implementation of Islamic law in Aceh, including its Jinayah law.

Judge's Dilemma in Marriage Dispensation in the Religious Court Lahilote, Hasyim Sofyan; Miftah, A.A.; Yuliatin, Yuliatin; Hidayati, Rahmi
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Judges experience various dilemmas when adjudicating marriage dispensation cases in Religious Courts. In particular, there are difficulties associated with applying the principles laid out in the provisions of Article 2 PERMA no. 5 of 2019, which guide such decisions. This study analyzes how judges consider various legal theories when making decisions regarding marriage dispensations using the normative judicial method. The results showed that the judges of Religious Courts primarily rely on the maslahah theory when making decisions on marriage dispensation cases, in spite of the existence of PERMA no. 5 of 2019 as a potential reference for maximizing aspects of justice and legal certainty.

Matchmaking in Pesantren: The Role of Wali Mujbir in Matchmaking with Maqasid Sharia Perspectives Sallom, Dea Salma; Syu'aib, Kholil
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Wali mujbir is a guardian who has the right to marry off his daughter with or without the permission of the person concerned with certain conditions. He is someone who has an upward patrilineal line with the woman who will marry, which in this case is the father. In Islam, the right of wali mujbir is usually called the right of ijbar, this right is absolute, but as time goes by, now the privilege of ijbar has another interpretation. Although the father has the right to force him, he does not forget to allow his daughter to have an opinion. This kind of marriage is often referred to as matchmaking. It is considered an interesting social phenomenon in society. Pesantren, as sacred institutions, are often the mecca in matchmaking processions because, in pesantren, families prioritize lineage in finding a partner. It is an important benchmark for dzurriyah or the descendants of the Kiai. In addition to maintaining lineage, matchmaking in pesantren also aims to preserve religion and soul. This article examines the role of wali mujbir at the APTQ Bungah Gresik pesantren in carrying out matchmaking so that the goals of sharia are achieved, which in this case are hifdz ad-din, hifdz an-nafs, and hifdz an-nasl.

Legal Protection for the Partnership Agreement Parties Widaningsih, Widaningsih; Suhariningsih, Suhariningsih; Sihabuddin, Sihabuddin; Santoso, Budi
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Preparing the partnership agreement must comply with the rules for the parties to get guarantees and legal protection. The rules must meet the preliminary requirements, such as understanding the transaction object and background, compiling its outline, recognizing the partners, and formulating the agreement principles. The partnership agreement must also have a signature, as well as rights and obligations. This normative study aimed to analyze the partnership agreement rules as legal protection. The results showed that the partnership agreement rules contain all the parties need as legal certainty and protection.

Page 19 of 42 | Total Record : 418

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Kholil Syu'aib

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Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
Kota jambi,

Jambi

INDONESIA

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Kholil Syu'aib

Contact Email kholil_syuaib@uinjambi.ac.id

Phone +628127682779

Journal Mail Official alrisalah@uinjambi.ac.id

Editorial Address Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location Kota jambi, Jambi INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Kholil Syu'aib

Contact Email
kholil_syuaib@uinjambi.ac.id

Phone
+628127682779

Journal Mail Official
alrisalah@uinjambi.ac.id

Editorial Address
Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
Kota jambi,

Jambi

INDONESIA