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All Journal Journal of Mujaddid Nusantara
Toguan, Zulfikri
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Journal of Mujaddid Nusantara

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Examination Of The Ruling Of The Syar'iyah Court On Divorce Cases Lawsuit Abdullah, Asnawi; Toguan, Zulfikri; Syahrul, Fatahillah; Saleh, Muhammad
Journal of Mujaddid Nusantara Vol. 1 No. 1 (2024): Journal of Mujaddid Nusantara March, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i1.102

Abstract

When there is an indication of judicial negligence in providing legal considerations, it is highly possible to conduct an examination or investigation. The decision of the Bireuen Sharia Court regarding divorce on demand, the panel of judges pronounced talak ba’in sughrā against the plaintiff without first attempting reconciliation through the appointment of an arbitrator. Looking at the legal provisions, when a case falls under shiqāq, the judge must appoint an arbitrator. Therefore, departing from this issue, there is a need for an examination as to why the judge did not appoint an arbitrator to resolve the dispute and what legal considerations were provided by the judge. This study is designed with a qualitative pattern, utilizing a statutory approach. Data collection techniques involve documentation and interviews. The research findings prove that the panel of judges argued that it did not fall under shiqāq cases, hence the appointment of an arbitrator was not necessary. The legal considerations provided by the judge in the divorce ruling include fiqhiyah principles, legal provisions, Supreme Court jurisprudence, Quranic verse al-Rūm ayat 21, and fiqhiyah principles.
Debtors Responsibilities in Subsidized Home Loan Takeovers Based on Indonesian Ministerial Regulation Number 26/PRT/M/2016 Toguan, Zulfikri; Ernayani, Rihfenti; Nainunis, Nainunis
Journal of Mujaddid Nusantara Vol. 1 No. 3 (2024): Journal of Mujaddid Nusantara September, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i3.109

Abstract

The transfer of ownership for Subsidized Home Ownership Loans (KPR) is prohibited unless the property has been occupied for over 5 years. Despite this rule, violations frequently occur, highlighting gaps in enforcement and a lack of debtor responsibility in credit repayment. This study addresses two main questions: 1) What are the responsibilities of debtors in taking over subsidized KPR based on Regulation Number 26/PRT/M/2016 at Bela Berlian 3 Housing, Kampar Regency? 2) What are the legal consequences for debtors in such takeovers? Using empirical legal research with primary data, the study found that debtors often fail to meet their obligations, including the misuse of bank funds intended for housing debt repayment. This leads to defaults and breaches of contract. Unauthorized takeovers may result in the withdrawal of KPR subsidies, but enforcement remains inconsistent, causing legal uncertainty for new debtors. The research calls for stronger enforcement to prevent unauthorized KPR ownership transfers.
Co-Authors Asnawi Abdullah Muhammad Saleh Nainunis, Nainunis Rihfenti Ernayani Syahrul, Fatahillah