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Etika Bisnis Dan Legalitas Hukum Terhadap Pinjaman Online Dalam Persfektif Hukum Positif Dan Hukum Islam Alexander, Ongky
Hutanasyah : Jurnal Hukum Tata Negara Vol 1 No 1 (2022): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i1.359

Abstract

Business is an exchange of goods, services or money that is mutually beneficial or provides benefits to one another. However, as owners and consumers, they must understand business ethics and principles in doing business so as not to injure each other. Currently, many service institutions provide convenience in providing online loans but do not see the legal rules and do not comply with OJK rules so that when there is a problem they only blame one party. The aim of this research is to provide an explanation for producers to complete their administration either formally or materially. This research method uses normative law and Islamic law methods. In order to better understand the concept of Islamic law and positive law in providing online loans. The results of the research as producers and consumers must complete the requirements and there must be legality in writing and online. So that when there is a problem, it can be processed legally. In Islamic law if it is not in accordance with sharia principles. The agreement in the online loan is invalid
Problematika Pengangkatan dan Perberhentian Hakim Mahkamah Agung Terhadap Independensi Kekuasaan Kehakiman Mahkamah Agung Dalam Sistem Ketatanegaraan Di Indonesia Agustian, Tomi; Setiawati, Dinda; Alexander, Ongky
Hutanasyah : Jurnal Hukum Tata Negara Vol 1 No 2 (2023): Februari 2023
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i2.514

Abstract

Article 24A paragraph 3 provides a provision that candidates for Supreme Court justices are proposed by the Judicial Commission to the House of Representatives for approval and to subsequently be appointed as chief justices by the president and the Supreme Court Law states that the appointment of Supreme Court Judges is carried out by the President on the proposal of the House of Representatives or the dismissal of the Chairman, Vice Chairman, Junior Chairman, and Member Judges of the Supreme Court is dismissed by the President on the proposal of the Supreme Court, so that the President, the House of Representatives (DPR, and the Judicial Commission (KY) have loopholes that can later influence the psychic judges in making decisions if the case is related to the 3 (three) institutions. This study aims to determine the Independence of Judicial Power in Indonesia. This research includes library research, research whose data sources are obtained through good literature sources and laws and regulations and using normative and juridical approaches, the Compiler concludes that the proposal for the appointment and dismissal of Supreme Court judges by the Judicial Commission, the House of Representatives and the President may affect the psychic of a judge in making a decision so that this can eliminate the meaning of Article 24 paragraph 1 of the 1945 Constitution which shows less independence of judicial power in upholding justice in accordance with the ideals of the 1945 Constitution.
Konsep Rahn (Gadai) Dalam Islam Dan Peraturan Perundang-Undangan Indonesia Kajian Fikih Muamalah Alexander, Ongky; Fauzi, Muhamad; Yani, Ahmad; Siswoyo, Siswoyo
Hutanasyah : Jurnal Hukum Tata Negara Vol 2 No 1 (2023): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v2i1.639

Abstract

In muamalah, Islam also recognizes pawn activities or what is called rahn. Which rahn conrtract is an agreement on a debt between rahin (pawner/ borrower) and murtahin (pledgee/lender), that is, one who pawns hisgood as collateral for his debt. To fulfill economic needs, sometimes humans have many difficulties, various ways can be done so that their needs can still be fulfilled. For example by pawning valuables such as gold land and so on. Various views of Islamic leaders in discussing rahn. In general, pawning activities are permitted with specified conditions and pillars. Islamic pawnshop activities (rahn) with standard rules still have many problems, such as legal norms from rahn. So it is also necessary to discuss the norm in rahn activities which expected to be in accordance whith Islamic shari’a. In terms of collateral (rahin) it is a legal issue that also needs to be discussed in the concept of pawning. There is a shift in the paradigm of pawn in the terminology of Islamic law and economics to become debt. Furthermore, this paper aims to explain the conceptof rahn, law and other matters relating to rahn (pawn) so that people know more about pawning and the concept of pawning that is justified aaccording to Islam.
Postponement Of Elections Perspective Of Constitutional Law In The Indonesian Constitution Alexander, Ongky; Okra, Rona
Hutanasyah : Jurnal Hukum Tata Negara Vol 2 No 2 (2024): Februari
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v2i2.705

Abstract

Elections are a democratic party for the people as the holder of the highest sovereignty, namely electing members of the DPR, DPD, president, and vice president by the 1945 Constitution article 22E paragraph "general elections are carried out directly, publicly, freely, secretly, honestly and fairly every five once a year." However, due to recent issues saying that the 2024 election will be postponed, which was proposed by several political party leaders and one of President Joko Widodo's ministers for reasons of maintaining national economic stability, the author tries to divert research on the issue of postponing elections from maintaining financial stability to the realm of state administration and constitution. The author uses qualitative research methods because the data source and results of this research are from library research in the form of descriptions of words. In this research, secondary data sources are used where data sources include books, articles, and journals. Data collection techniques are generally carried out by looking for data sources so that this research is carried out only based on written works, including research results that have been published, and that still need to be published. With the discussions and the results of the research, the author can conclude that if the issue of postponing the election is implemented, then it is unconstitutional or a violation of the Indonesian constitution and state administration; if this discourse is implemented by the government unilaterally without considering the will and opinion of the people.
Efforts to Prevent Juvenile Delinquency from a Juridical and Psychological Perspective at Vocational High Schools (SMK) in Lubuklinggau Alexander, Ongky; Amiruddin, Faizul; Supriadi; Arfaizar, Januariansyah; Anwar, Syaiful
Teumulong: Journal of Community Service Vol. 2 No. 1 (2024): February 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jocs.v2i1.92

Abstract

This study examines efforts to address juvenile delinquency from both a legal and psychological perspective in vocational high schools (SMK) in Lubuklinggau. The study utilizes a qualitative approach, including case studies, surveys, interviews, and document analysis. The research aims to provide a comprehensive understanding of juvenile delinquency and inform the development of appropriate interventions. The findings highlight the importance of collaboration among parents, educational institutions, communities, and child protection agencies in preventing and addressing juvenile delinquency. From a legal perspective, the research emphasizes the need for a rehabilitative approach that considers adolescents' age, development, and capacity. From a psychological perspective, the study underscores the significance of understanding emotional development and identity exploration in teenagers and implementing preventive and intervention strategies. The research concludes that a comprehensive approach, integrating legal and psychological perspectives, is necessary to tackle juvenile delinquency in vocational high schools in Lubuklinggau effectively.
Termination of Hajj Initial Deposit Financing Products for Hajj Pilgrimage Organization Costs: Normative Legal Analysis Taufiq, M; Sari, Dewi Puspita; Ridho, Ali; Sobri, Irwan Mohd; Alexander, Ongky; Ilham, Muhammad
SHAHIH: Journal of Islamicate Multidisciplinary Vol. 9 No. 1 (2024)
Publisher : UIN Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/shahih.v9i1.9625

Abstract

The authority to regulate Hajj initial deposit financing products in Islamic banking between OJK as a regulator and supervisor of financial institutions and the Ministry of Religion as the organizer of Hajj in Indonesia is interesting to study. The research aims to find efforts to harmonize the law of Hajj initial deposit financing in Tanjungpinang city for legal certainty in the community and contribute to the improvement of maslahah policies.  The research is a normative qualitative-legal research and the data is obtained through interview techniques and a collection of documents in the form of books and reputable scientific articles. The findings in the study are first, the practice of financing the initial deposit of Hajj in Tanjungpinang City was carried out by Bank Muamalat KC Tanjungpinang with the Pro Hajj multipurpose product in August 2020, then stopped because it violated the rules of the Indonesian Ministry of Religion and was replaced with the Pro Hajj Plus product. Second, harmonization of regulations is a must to be carried out with regulations from the OJK considering that the authority to regulate and supervise Islamic banking is with the OJK not the Ministry of Religion.