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Andika Prawira Buana
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INDONESIA
ADVANCED PRIVATE LEGAL INSIGHTS
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 30903459     DOI : https://doi.org/10.56087/april
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Advanced Private Legal Insights (APRIL) is a Scientific Journal in the field of law that is published twice a year (Oktober and April) by the Faculty of Law, Universitas Muslim Indonesia. APRIL is a forum for academics and legal practitioners to disseminate legal knowledge to the wider community in a legal reference field of study in legal journals covering various branches Justice in Context of Bussiness, Environmental, and Human Rights Law in Indonesia, Southeast Asia, and the Global context.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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Implementation of Mudharabah Contract on Foreign Currency Deposit Investment in Indonesian Islamic Banking Farhan, Muhammad; Nawi, Syaruddin; Sahban, Sahban
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study aims to determine and analyze the Implementation of Mudharabah Contract on Foreign Currency Deposits in Indonesian Islamic Banking Study at Bank Syariah Indonesia Makassar branch. This study was conducted with an empirical type that uses primary legal materials or is a study by going directly to the location. The results of this study indicate that Bank Syariah Indonesia Makassar branch has complied based on the Fatwa of the National Sharia Council No. 03 / DSN-MUI / IV / 2000 concerning deposits in Law No. 21 of 2008 concerning Indonesian Islamic Banking, namely collecting funds in the form of Investments in the form of Deposits, Savings, or other forms that are equated with it based on the Mudharabah Contract or other Contracts that do not conflict with Sharia Principles. Bank Syariah Indonesia Makassar branch has complied with existing laws, namely Sharia Banking Law No. 21 of 2008, and the National Sharia Council Fatwa No: 03/DSN-MUI/IV/2000 has complied with existing Sharia principles.
Agreement on Providing Working Capital Credit Maesaroh Haris, Faradhilla Ayun; Abbas, Ilham; Zulkifli Muhdar, Muhammad
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study uses empirical legal research methods, empirical legal research is basically a combination of normative legal approaches with the addition of various empirical elements. In this empirical research method, it is also about the implementation of the legal provisions of the law in action in every particular legal research that occurs in society. The results of this study indicate that the procedure for granting Working Capital Credit (KMK) at PT. Bank Sulselbar Mamuju Branch is guided by the procedures and principles of providing sound credit and in accordance with applicable regulations. And the efforts made by Bank Sulselbar Mamuju in terms of overcoming debtors who default are by making efforts to save credit, this is considered very important for banks to avoid the occurrence of bad loans that can affect the soundness of the bank . The recommendation of this research is for creditors and debtors to further enhance their cooperation and compromise with each other so as to establish a more sustainable and effective agreement. In order for the implementation of working capital under the auspices of Bank Sulselbar Mamuju to run smoothly and each party does not suffer losses, the parties fulfill their respective rights and obligations where the debtor must be aware of his obligations.
Legal Protection Against Buyer Good Faith in Implementation Execution of Mortgage Rights Jamaluddin Sasa, Dhiya Salsabila; Zainuddin, Zainuddin; Arif, Mohammad
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This journal aims to analyze the implementation of execution seizure of mortgage rights related to good faith buyers, as well as the legal protection available to them. Using normative legal research methods, the data collected includes primary, secondary, and tertiary data, with a case study on. The results of the study indicate that execution seizure by the court does not harm legitimate buyers, who still have the right to ownership even though they transact with sellers who are not entitled. The decision emphasizes the importance of legal protection for good faith buyers in accordance with the provisions of the Civil Code and the circular of the Supreme Court. It is recommended that the sale and purchase of land rights be carried out before a PPAT and that banks be more careful in providing credit to reduce future risks, and agreements between the parties must be clearly drafted to ensure legal validity.
Protection of Personal Data of Consumers Using Financial Technology Services Nugraha, Nurul Jaya; Wardana Mamonto, Andry Wikra; Ilham, Muhammad Azham
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This research aims to examine and analyze legal provisions related to the protection of personal data of customers using financial technology services in Indonesian laws and regulations. Apart from that, this research also aims to compare the legal protection of consumer personal data in the regulations in force in Indonesia with the regulations in force in the United States. This research applies normative legal research methods. The data used comes from literature studies, including primary legal materials such as laws, Financial Services Authority Regulations (POJK), and Bank Indonesia Regulations (PBI), as well as secondary legal materials such as laws books and legal journals. The research results show that legal protection for the personal data of consumers using financial technology services in Indonesia has been regulated in Law Number 27 of 2022 concerning Personal Data Protection. This regulation reflects a progressive approach to law, which not only supports the use of technology but also provides protection for users to achieve legal certainty. Meanwhile, a comparison with regulations in the United States shows that personal data protection in the financial technology sector is based on the principle of “right to be alone” which is the main pillar of individual privacy. This principle emphasizes that privacy is a constitutional right of every citizen, as a form of respect and protection for this right.
Land Agency in Realizing a Systematic Land Registration Program Complete Kautsar, Alfiya; Anzar , Anzar; Arsyad, Nasrullah
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

Study This aiming For know the role of the National Land Agency in realize Systematic Land Registration Complete (PTSL) in Makassar City and find out obstacles faced by the National Land Agency in implementation Systematic Land Registration Complete (PTSL) in Makassar City. The research method used is method study empirical . The results of study This that is , to show role of the Land Agency in realizing the Systematic Land Registration program Complete in Makassar City , namely stage planning , determination location , preparation , formation and establishment committee adjudication Systematic Land Registration Complete (PTSL) and units assignments , counseling , collection of physical data and legal data , legal data research and proof rights , announcement of physical data and legal data as well as its ratification , confirmation conversion , recognition rights and grants rights , bookkeeping rights , publishing certificate right on land , documentation and handover results activity as well as reporting . Then , the obstacles faced by the Makassar City National Land Agency in realize Systematic Land Registration Complete that is moving domicile expert inheritance , letter information expert the heirs who have move domicile and sufficient registration process complex . Recommendations study This It is expected that the Makassar City Land Office will running a Systematic Land Registration program Complete (PTSL) in collaboration with public Give socialization so that speed up this program walk and give certainty law and protection law right on land public based on principle simple , cheap , fast , smooth , safe , fair , equitable and open as well as accountable , so that can increase welfare and prosperity society and the country's economy , as well as reduce and prevent disputes and conflicts land .
Position Permission Divorce for Civil Servants at the Class 1A Religious Court Office in Makassar Baharuddin, Muhammad Fadil; Nawi, Syahruddin; Pusvita Aziza, Dian Eka
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

Study This aiming For know and understand mechanism submission permission for Civil servants who carry out divorce at the Class 1A Religious Court Office in Makassar. And for know and understand factor affecting​ submission permission for Civil servants who carry out divorce at the Class 1A Religious Court Office in Makassar. Research This use method study empirical that is a approach or method knowledge based​ observation direct , observation , and observation . Research results This show Civil servants who want to submit application permission divorce must with legitimate reasons​ to official authorized Then official authorized to form team advisory after That call second split party husband wife simultaneously or individually . Officials give advice to be able to harmony Back but if second split party or one of them party want to divorce so both of them must make statement want to divorce . The factors that influence submission permission divorce that is factor internal and external factors external . Recommendations given​ writer that is Firstly, civil servants at the Class 1A Religious Court in Makassar must own permission If want to carry out divorce . The second one give certainty law and sense of justice in take or emit permit decision letter divorce for civil servants.
Food and Drug Monitoring Agency (BPOM) in Protection Consumer To Product Maintenance Skin Meldasari, Tritami; Khalid, Hasbuddin; Tjolleng, Arfah
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study aims to determine and analyze the role of the BPOM (Indonesian National Agency of Drug and Food Control) in protecting consumers from skincare products containing mercury. It also aims to identify and analyze the legal actions taken by BPOM Makassar City against skincare products that do not meet quality standards. This research uses an empirical legal research method, which involves field data as the primary source, such as interviews and observations. The results of the study indicate: (1) The role of BPOM in providing consumer protection against the circulation of skincare products containing mercury by monitoring and supervising the circulation of skincare products in the market to ensure they do not contain harmful substances, implementing pre-market surveillance, conducting post-market surveillance, and inspecting skincare products circulating in the market. (2) The legal actions taken by BPOM against skincare products that do not meet quality standards include administrative sanctions and criminal sanctions. As recommendations: (1) The government needs to implement stricter supervision to better protect consumers from the use of cosmetics that do not have BPOM circulation permits. (2) There must be good cooperation between the government, BPOM, and law enforcement authorities in efforts to protect consumers from the circulation of cosmetics that do not meet the standards, through regular supervision of producers and business actors, as well as providing outreach to the public to raise awareness.
Analysis Legal Impact of Cancellation Marriage in Religious Court Aris, Nurwana; Busthami, Dachran; Auliyah Asra, Andi Nur
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

Study This aiming For knowing marital status second according to legislation in Indonesia and For know impact law cancellation marriage in religious courts . Research This use method study normative law , namely studies verdict . Research Results show that : first , according to positive law Polygamy allowed but very limited For protect rights women and children . Husband who wants polygamous must own legitimate reason , get​ permission from wife first , and submit application to religious court . Meanwhile , according to complications law Islam polygamy allowed with condition tight , especially dam matter applicable fair to wives and children . Second , the judge's considerations regarding impact law cancellation marriage in decision Number 586/ Rev.G /2022/ PA.Mks . Although marriage both of his parents canceled However decision the No applicable ebb to rights children and children still entitled get right inheritance towards his parents as well as if child born​ That women , then the father also has the right become guardian of his child's marriage .
Analysis Unhealthy Business Competition in the Business Era Digital Based Latifah, Aliah; Husen, La Ode; Jasmaniar, Jasmaniar
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/306nkc28

Abstract

The purpose of this research is to understand and analyze the regulation of unfair business practices in the digital business era in Indonesia, as well as the impact of unfair competition on innovation and business sustainability in the future. This research employs a normative research method, using primary and secondary legal materials obtained through literature and the analysis of books, journals, and cases, particularly those available on the internet, literature books, and laws. The research results indicate that unfair competition in Indonesia is regulated by the ITE Law No. 11 of 2008 and Law no. 5 of 1999, but there are still gaps in oversight, especially in the digital sector. The ITE Law focuses more on electronic transactions and personal data protection, while the Anti-Monopoly Law has not fully accommodated new challenges such as predatory pricing and market dominance by large platforms. As a result, unfair competition can lead to market monopolies, a decrease in MSME turnover, and future losses for consumers. The research recommendation is that the anti-monopoly law has been effective in reducing unfair competition in the digital sector, but the government needs to provide further support, especially regarding the limitations of the KPPU under the existing regulations, without disrupting existing industries. Also, to prevent the negative impacts of unfair competition, tighter oversight is necessary, especially in competition within the digital sector, such as e-commerce.
Effectiveness Implementation Electronic Land Certificates In Preventing Land Mafia Practices Samad, Mutmainna; Bachmid, Fahri; Handayani, Dwi
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study aims to examine and explain the effectiveness of implementing electronic land certificates in preventing land mafia practices, the factors influencing it, and to investigate the application of electronic land certificates in Pinrang Regency. The research employs an empirical legal research method, with the study conducted at the ATR/BPN Office in Pinrang Regency. Data were collected through interviews and literature studies, which were analyzed then qualitatively and descriptively. The findings indicate that the introduction of electronic land certificates significantly enhances transparency in land ownership, allowing the public easier access to information and thereby reducing the likelihood of fraud. Additionally, the study finds that a digitized and integrated land registration system can lead to a significant reduction in land disputes, particularly those triggered by land mafia activities. However, the research also highlights potential technical challenges and cybersecurity threats that could compromise the integrity of electronic certificates, emphasizing the need for robust security measures to protect against data breaches and fraud. Based on these findings, the study recommends the establishment of comprehensive cybersecurity protocols and public education initiatives to ensure that landowners and potential buyers can effectively verify the authenticity of electronic land certificates. Furthermore, it suggests that policymakers are prioritizing the digital transformation of land management systems to enhance efficiency and public participation in governance.

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