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Yurisprudentia: Jurnal Hukum Ekonomi
ISSN : 24426822     EISSN : 25805134     DOI : -
Yurisprudentia; Jurnal Hukum Ekonomi, ISSN Cetak: 2442-6822; ISSN ONLINE: 2580-5134, publishes scientific writings in the form of research results, literature reviews, conceptual articles and actual issues that are relevant and focused in the field of Islamic economics. The editor accepts that the article has not been published in other media with the format of writing as stated in the page script writing guidelines. Yurisprudentia; This Islamic Economics Journal was established in 2015, published by IAIN Padangsidimpuan Fakultas Syariah dan Ilmu Hukum twice a year, in June and December
Articles 8 Documents
Search results for , issue "Vol 7, No 1 (2021)" : 8 Documents clear
PEMBAGIAN HARTA BERSAMA KARENA PERCERAIAN BAGI MASYARAKAT ADAT BATAK TOBA Ardina Khoirun Nisa
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (277.907 KB) | DOI: 10.24952/yurisprudentia.v7i1.3802

Abstract

Marriage is a legal relationship that contains a legal relationship between a man and a woman who has fulfilled the conditions of marriage for the longest possible period of time, and is a choice of a man and a woman to form a bond to seek happiness. and also an eternal and harmonious home. For the people of Indonesia, it has been their guideline for a long time that marriage, birth and death are very much influenced by religious provisions. In addition to being in accordance with religion and beliefs when talking about marriage, it is also inseparable from the customary rules that govern it, this is because Indonesia has customs, culture, and a close background that underlies the life of its people. Every human being certainly hopes that his marriage will be well-knit until death separates. But the marital conditions that are lived do not always run harmoniously and are fine as expected. Sometimes if misunderstandings and conditions that occur in the household cannot be resolved by way of peace for the common good, then a way is chosen to separate or divorce is carried out. The customary rules that are binding in life depend on the community (or part of the community) who support these customs which are primarily based on the justice of their customary law, including the Toba Batak customary law.The type of research in this article is a sociological or empirical juridical research method. The nature of this research is descriptive analytical. The results of the research found were that the distribution of joint assets due to divorce based on Law No.1 of 1974 concerning Marriage regulates the implementation as in Article 37 which states that if a marriage breaks up due to divorce, the assets are regulated according to their respective laws (religious law, law adat, court decisions). Disputed assets are classified as shared assets during marriage. The distribution of joint assets is then assessed for the amount to be divided by half against the parties. After the dissolution of the household, their common wealth is divided in half between husband and wife or between their heirs, regardless of which party the goods originate from.
PUTUSAN MAHKAMAH AGUNG NOMOR. 37/P/HUM/2017 (Ditinjau Dari Asas Keadilan) Ikhsan Helmi Lubis
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (801.028 KB) | DOI: 10.24952/yurisprudentia.v7i1.3797

Abstract

In Decision Number 37 P / HUM / 2017 concerning the Implementation of Transportation of People with Public Motorized Vehicles Not on Route, the Supreme Court revoked all of the Petitioners' petitions by stating PM. Number 26 of 2017 contradicts Law Number 20 of 2008. As a result of this decision, it raises pros and cons among the public. One party stated that this decision was a decision that was responsive to innovation in the transportation sector. On the other hand, stated that the legal considerations used by the Supreme Court were inadequate because they did not use Law Number 22 of 2009 and Government Regulation Number 74 of 2014 which were the basis for making PM Number 26 of 2017 and this decision did not reflect justice for the parties. The method used to solve the problem in this study is to use a type of library research with a normative juridical approach while the type of research used is descriptive analytical. Based on these problem, the authors will analyze The Supreme Court’s decision from the principle of justice. Based on the results of research using the principle of justice, The Supreme Court Decision Number 37/P/HUM/2017 tended to side with the Petitioners by revoking all the provisions petitioned for judicial review. Even though this provision is an ideal provision to be maintained in order to create balance, equality and non-discrimination between Special Charter Transportation and Conventional Taxis.
PERAN DIREKTORAT JENDERAL BEA DAN CUKAI DALAM PENANGGULANGAN PENYELUNDUPAN NARKOTIKA JALUR LAUT DI KEPULAUAN RIAU Rahel Kartika; Parningotan Malau
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (487.561 KB) | DOI: 10.24952/yurisprudentia.v7i1.4199

Abstract

The crime of smuggling narcotics in the sea route is a crime that continues to increase every year. One of the government's efforts to tackle the smuggling of narcotics by sea is through the Directorate General of Customs and Excise (DJBC). This paper aims to explain how the role of DGCE marine surveillance in the prevention and control of narcotics smuggling by sea and to find out what obstacles the Directorate General of Customs and Excise has faced so that the data on prosecution for the last five (5) years has increased. This paper uses supervisory theory and criminal law policy theory to explain how the DJBC marine surveillance system and prevention efforts before and after the crime of narcotics smuggling by sea. The results of the analysis show that the DGCE marine surveillance system has a strategic function in reducing the opportunities for narcotics smuggling by sea. However, there are several obstacles to the DJBC marine surveillance system in preventing and overcoming the smuggling of narcotics by sea.
PERJANJIAN LISENSI SEBAGAI BENTUK PENGALIHAN HAK KEKAYAAN INTELEKTUAL Dani Amran Hakim
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (516.482 KB) | DOI: 10.24952/yurisprudentia.v7i1.3798

Abstract

There are numerous sophisticated innovations emerge in this modern era. This leads to copyright works in the form of intellectual property rights (HKI). Intellectual property right protects the owner’s right of the property. Other parties may use the property to gain benefit only if the owner granted the license.  Based on the analysis of the discussion, license is a transfer of intellectual property rights as stated in the form of an agreement. The parties involved in the agreement are the licensor and the licensee. License is a form of right to take one or a series of actions, granted by those who have rights in the form of a license as stipulated in the agreement.  According to Law number 28 of 2014 concerning copyright, a license is a permit given by a copyright holder to other parties to announce and / or reproduce their work or related rights products with certain conditions.  In the form of a license transfer, the inventor of the property still has certain economic rights from his/her work which are transferred to the holder of intellectual property rights.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN TERKAIT DENGAN KENAIKAN HARGA MASKER DI MASA PANDEMI COVID-19 Nurhotia Harahap
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (220.269 KB) | DOI: 10.24952/yurisprudentia.v7i1.4013

Abstract

The world is currently facing Covid-19, where the virus has spread throughout the world, including Indonesia. The President and Government appealed to the public to maintain health, follow health protocols such as wearing masks when outside the home. Lots of people buy basic necessities, so there is panic buying. Masks are currently experiencing scarcity, considering that masks are one of the basic necessities, so they are expensive. The increase in the price of these masks has made it difficult for less fortunate consumers to buy masks. Then what about the legal protection for consumers regarding the expensive price of masks? The author examines these problems using normative legal research methods. Research data shows people who complain about these expensive masks. The government should give the community masks periodically or free every once a month, so that people who are less fortunate can also have masks to prevent the corona virus.
SPEKULASI DALAM TRANSAKSI PASAR MODAL SYARIAH (POTENSI KEBERADAAN DAN SOLUSI PENANGANAN) Ahmad Azizi; Muhammad Syarif Hidayatullah
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (511.503 KB) | DOI: 10.24952/yurisprudentia.v7i1.3799

Abstract

The research objective in this paper is to analyze the potential existence of speculation in transactions on the Islamic capital market and solutions in an effort to overcome the practice of speculation. Speculative activity that differentiates between Islamic investment and conventional investment is a problem in the contract concept. Gharar which is translated as speculation is equated with gambling because of the uncertainty of both parties (seller and buyer). Speculative activities that can damage liquidity and share prices make it a prohibited activity. The solution as an effort that can be done to reduce speculative activity in the Islamic capital market is to implement a minimum holding period policy, which is a policy of a minimum period for selling shares.
ANALISIS JUAL BELI BARANG CURIAN PERSPEKTIF HUKUM PIDANA ISLAM Hendra Gunawan; Anwar Habibi
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (757.451 KB) | DOI: 10.24952/yurisprudentia.v7i1.4014

Abstract

This paper discusses the legal status of stolen goods, both stolen goods that are not known to the buyer or stolen goods that are completely known to the buyer but he is still unsure whether the goods are stolen or not. To answer this problem the author uses a quantitative method with a literature or library approach, where the author looks for answers from various fiqh jinayah books. The findings in this article are that the practice of buying and selling stolen goods is strictly prohibited in Islam, especially buying goods whose status is clearly known to be the product of theft or is not clearly known, but there are indications that point to stolen goods, it is unlawful to buy them even if they are priced relatively cheap price.
ANALISIS KELANGKAAN BBM PREMIUM DI PADANGSIDIMPUAN PERSPEKTIF HUKUM POSITIF DAN HUKUM EKONOMI SYARIAH Nasruddin Khalil Harahap
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (612.449 KB) | DOI: 10.24952/yurisprudentia.v7i1.3800

Abstract

Fuel (BBM) is a product or element that is vital in supporting the activities of community life. The scarcity of premium fuel (gasoline) is an obstacle in these activities. The majority of petrol stations in Padangsidimpuan have switched premium / gasoline to pertalite so that it has resulted in more expensive costs. This is very burdensome and detrimental to society. The approach method is juridical normative and nonprobability sampling design in the form of incidental sampling. The result of the research obtained is that it is necessary to form a regional regulation that regulates the rights and obligations of the parties, then if there is an act that violates the law by the SPBU (as a producer) that harms the public (consumers), administrative sanctions can be given in the form of temporary business license revocation and sanctions civil  form of compensation.

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