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Journal : Jurnal Ilmiah Hukum LEGALITY

Tracing the roots of Muhammadiyah thought on the concepts of Dār Al-‘Ahdi Wa Al-Syahādah Yuli Isdiyanto, Ilham; Muhammadi, Fauzan; Fahmiddin, Umair
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20661

Abstract

This paper aimed to discuss the concept of Dār Al-’Ahd Wa Al-Syahādah initiated by Muhammadiyah, which requires strong historical-normative legitimacy, so it does not necessarily lose its genealogy to be applied to the legal and constitutional system in Indonesia. The big question is how is the relationship between historical aspects and the concept of Dār Al-’Ahd Wa Al-Syahādah so that it has strong foundations to be implemented later in the state and nation. This normative-conceptual research is a historical reflective study that focuses on literacy aspects as the basis to build normative and conceptual constructions. The result reveals that the idea of ​​Dār Al-’Ahd Wa Al-Syahādah in the constellation of Pancasila is a strategy to realize Baldatun Thayyibatun wa Rabbun Ghafur state with the principle of Amar Ma’ruf Nahi Munkar. The concept of Dār Al-’Ahd Wa Al-Syahādah has a reference in Al Maun Theology which from the beginning became the basis of the movement pioneered by KH Ahmad Dahlan. Therefore, this strategy must be directed to a more concrete form and a more concrete movement to realize Baldatun Thayyibatun wa Rabbun Ghafur state.
Inconsistency in freedom of contract for banking dispute resolution in Indonesia Suryadi, Suryadi; Marwa, Muhammad Habibi Miftakhul; Muhammadi, Fauzan; Zuliyah, Siti; Megawati , Megawati
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.33121

Abstract

This research interprets the manner and existence of contradictions in POJK No. 61/POJK.07/2020's declaration regarding the freedom of contract while choosing banking dispute resolution forums. Primary and secondary legal materials comprise most of the secondary data in this normative legal study. The information was gathered from the literature and examined using analytical and interpretive methods. The study's findings emphasised how Indonesian banking dispute resolution forums are chosen inconsistently with the idea of freedom of contract. The findings demonstrated the necessity of legal harmony in rulemaking to guarantee the coherence and consistency of all legal principles underlying different laws. This article argues that legal harmony is essential for aligning various legal concepts across diverse regulations and significantly contributes to the identification of the policy's inconsistency, which restricts the ability to choose a banking dispute settlement venue without restriction. The findings of this study may provide the basis for more research on how the policy affects banks and their clients. The findings could also be used as a reference for policymakers to improve the current policy and to ensure that the principle of freedom of contract is preserved in banking dispute resolution. Overall, this research provides valuable insights into the current policy and its impact on the banking industry in Indonesia.