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KEWAJIBAN BANK SYARIAH TERHADAP NASABAH PENYIMPAN DANA AKIBAT INGKAR JANJI MITRA Sisca Ferawati Burhanuddin
JURNAL LITIGASI (e-Journal) Vol 17 No 1 (2016)
Publisher : Fakultas Hukum Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (426.349 KB) | DOI: 10.23969/litigasi.v17i1.92

Abstract

Islamic Banking is a financial institution using the system for results in return. In shahibul maal of financing that invest capital and mudharib provide capacity and reputation to run the business and share in the results that, if there is a loss shahibul maal will lose their money, and the party will lose his labor mudharib in running the business. The Islamic banks as intermediaries for the parties should be neutral, fair, trustworthy, and responsible in terms of this cooperation. Method is a normative juridical approach namely legal research focuses on the study of secondary data. To strengthen in order to complement the analysis of secondary data, conducted field research to obtain primary data through interviews. Efforts are being made if there is a legal relationship three parties namely shahibul maal, Islamic banks, mudharib have indications of a loss is not limited to oversight, but the process of consensus, and Alternative Dispute Resolution (ADR) to achieve the objectives of cooperation in terms of rescue funds shahibul maal and business activities mudharib , Accountability Islamic Bank is the responsibility of the owner of the normative means in terms of funds requested mudharabah bank to channel funds directly to the business partners, the bank responsible for the extent of liability than the Islamic bank that is in the implementation of business partner management. While the moral responsibility must integrate moral values with economic measures based on sharia. Keywords: Responsibilities, Bank, Sharia, Default.
Civil Law and Juridical Aspects in the Distribution of Marriage Joint Property Sisca Ferawati Burhanuddin
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2127

Abstract

In a marriage, there is a mechanism that must be borne by both parties if a divorce has occurred, including the distribution of joint property or what we often know as 'gono gini' assets. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the distribution of joint property in marriage is decided based on the Constitution as the legal basis that regulates the mechanism of the divorce process, court decisions require husband and wife to divide their marital property equally. fair and unanimous, because in its stipulations Gono Gini property is an asset that is produced from marriage wealth, the law is absolutely joint property and is used for household purposes, so the conclusion is that the process of dividing joint assets resulting from marriage can be used jointly, but the innate property of each of the proceeds before the legal marriage becomes private property.
Analysis of Notary Deed as a Basic Reference to Evidence in Civil Law Sisca Ferawati Burhanuddin
LEGAL BRIEF Vol. 10 No. 2 (2021): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (756.937 KB)

Abstract

The law has regulated the making of a civil deed where in the process the authority of a notary in formulating the making of an authentic deed has obtained a legal position in the eyes of the law. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that the function of a notary in the role of making an authentic deed can be accounted for based on the Civil Law Act regulated in Article 1868which states that an authentic deed is a deed made in a form determined by law by or before a public official authorized for that at the place where the deed was made. In addition, authentic deed evidence in civil law is said to have perfect and binding evidentiary power which cannot be denied by the judge's proving power in the trial process in court.
Indigenous Law on Land: How Does the Government Build Constitutional Protection Against Indigenous People Sisca Ferawati Burhanuddin
Jurnal Mantik Vol. 3 No. 4 (2020): February: Manajemen, Teknologi Informatika dan Komunikasi (Mantik)
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jurnalmantik.Vol3.2020.1438.pp799-804

Abstract

Indonesia has a lot of cultural diversity and abundant natural resources, one of which is found in the customary law system as one of the traditional laws that has existed for a long time as one of the most influential laws for some Indonesian people. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that basically customary law does not only regulate the community government system, customary law also always plays a role in the ownership of customary land rights, where land rights are starting to experience many disturbances. as well as obstacles in its management and sustainability, to build a customary law that synergizes with state law, customary law begins to adapt and adapt to modern human civilization, basically the Indonesian government has recognized and guaranteed every continuity of the customary law, as contained in the Law and political law in Indonesia.
Franchise Agreement in Civil Law Perspective Sisca Ferawati Burhanuddin
Enrichment : Journal of Management Vol. 12 No. 1 (2021): November: Management Science
Publisher : Institute of Computer Science (IOCS)

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Abstract

In the current era of globalization, development in the business sector has a very high level of competition, to make it easier for someone in their efforts to maintain their business and government efforts to innovate through franchise activities. This study uses a descriptive method with a qualitative approach and data triangulation analysis, the results of the study explain that specifically franchise activities are an agreement involving two or more individuals in which it forms an agreement involving the law as the legal basis, franchise activities provide significant benefits very big for the perpetrators because this activity emphasizes a cooperation and is mutually binding on each other, this business concept involves the franchisor to the franchiseethen becomes a legal institution that regulates the franchise agreement, as 9 of 1995 concerning Small Business, which reads that the franchise pattern is a partnership relationship in which the franchisee grants license rights, trademarks and distribution channels of his company to franchiseeaccompanied by assistance. management guidance.
Transaksi cryptocurrency : Bagaimana pandangan hukum ekonomi islam memandang? Sisca Ferawati Burhanuddin
Fair Value: Jurnal Ilmiah Akuntansi dan Keuangan Vol. 4 No. 7 (2022): Fair Value: Jurnal Ilmiah Akuntansi dan Keuangan
Publisher : Departement Of Accounting, Indonesian Cooperative Institute, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (326.52 KB) | DOI: 10.32670/fairvalue.v4i7.1284

Abstract

The development of the digital era is increasingly widespread, prompting changes to the payment system, some of which provide convenience, especially in terms of economic activity services. Cryptocurrency is a blockchain-based technology that is often used as a digital currency. Digital money is different from conventional money, this type of money does not have a physical form but only a block of data bound by a hash as validation. Basically cryptocurrency has almost the same function as other currencies, but this currency does not have a physical form like currency in general, although it provides a number of advantages for its users, the existence of cryptocurrency is still a question mark because it does not have officialpermission from the government or from state financial institutions. This research is a type of qualitative research, using a descriptive method while the results of this study explain that Cryptocurrency is a new phenomenon, especially in terms of transactions, the rapid development of technology in the 4.0 revolution era makes humans have to adapt to the various conveniences it presents, but if Seeing the position of cryptocurrency, especially in Indonesia, the government has not officially given permission because it is against the law and is not supervised by financial services authority institutions. Meanwhile, according to Islamic economic law, the concept of cryptocurrency contains gharar and dharar because the inventor or creator is not known for certain, there is no authority to ensure the validity of transactions, has no intrinsic value, and cannot be separated from speculation about the price which is very volatile and is only used as a profit and loss tool. then Cryptocurrency contains elements of Maysir..
STANDARD AGREEMENTS IN BUSINESS LAW: STUDIES IN CREDIT IN THE BANKING WORLD Sisca Ferawati Burhanuddin
Fox Justi : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): Fox justi : Jurnal Ilmu Hukum, January 2023
Publisher : SEAN Institute

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Abstract

The standard agreement is one of the instruments that is often used in business law practices, including in the banking sector, especially in credit. This study aims to analyze the use of Standard Agreements in credit in banking and their effectiveness in resolving disputes in the banking sector. This study uses a normative juridical research method using analytical descriptive. The results of the study show that the use of Standard Agreements in credit in banking is commonly practiced and regulated in laws and regulations adapted to Law Number 8 of 1999 concerning consumer protection. However, the implementation of the Standard Agreement still creates various problems such as injustice for consumers and limitations in resolving disputes, this can be seen from the many unfair clauses that tend to harm consumers. This research also shows that the effectiveness of the Standard Agreement in resolving disputes in the banking sector from the bank is generally carried out in the form of preventive legal protection (preventing problems from occurring and repressive forms of legal protection (resolving problems) while for customers or consumers guided by Article 19 paragraphs 1 and 2 UUPK.