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All Journal Taqnin: Jurnal Syariah dan Hukum Journal of Social Research
Helza Nova Lita
Universitas Padjajaran
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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WAKAF SEBAGAI BENDA PUBLIK DAN PERLINDUNGAN HUKUM KEABADIANNYA TERHADAP PERALIHAN DAN PERUBAHAN FUNGSINYA Helza Nova Lita
TAQNIN: Jurnal Syariah dan Hukum Vol 2, No 2 (2020): Juli-Desember 2020
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v2i02.8460

Abstract

Various cases of the loss of the status of waqf objects, including the change in their function, are a number of problems that occur in the practice of waqf. For example, in the re-functioning of Hagia Sophia as a mosque which was announced by the Government of Turkey, it became news that attracted international attention, including in Indonesia, where previously the building was used as a meseum. The transition of waqf objects is interesting to study considering that the change in the function of waqf  has also occurred in Indonesia. For this reason, this article will discuss how the legal protection of waqf as public good against the transfer of their status and function as waqf. The method used in this article is a legal research method with a normative juridical. Waqf is a public object whose existence and function must be protected so that it is not illegally abused. The importance of protection of waqf  in a comprehensive manner includes the registration and publication. Likewise, in terms of the supervision of waqf, either from the state or the government or Nazhir, which has a direct duty to supervise and manage waqf , including the active role of the community.
Risk of GoTo Company's Big Data Monopoly Reviewed from the Anti-Monopoly Law Valencia Gustin; Helza Nova Lita; Aam Suryamah
Journal of Social Research Vol. 1 No. 12 (2022): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v1i12.377

Abstract

Background: The convergence of the digital era due to the influence of globalization developments brings awareness of economic value to data for business purposes. Business activities carried out in the digital era tend to use data as material for market research studies, including in determining company policies in the future. As two companies engaged in the digital market, Gojek and Tokopedia have great control over the variety of data of their consumers so that mastery of data is the dominant factor in both.   Objective: This study aims to discuss how legal arrangements in Indonesia regarding the practice of data monopoly as a form of   unhealthy  business competition and whether merger activities between Gojek and Tokopedia that can cause potential data monopolies can be justified according to Law Number 5 of 1999 concerning Monopoly and Business Competition   Well.   Methods: This research is a normative research conducted by focusing on the study of primary, secondary, and tertiary um huk materials.   Results: The results of the study show that at this time there is no strict supervision and limitation of data control from the GoTo company and is still included in the gray realm to be concluded as a monopoly act according to Law Number 5 of 1999.   Conslusion: In Indonesia, the practice of data monopoly is currently still regulated by referring to Law No. 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. According to these provisions, the monopoly occurs and is prohibited when control of the data can then cause unfair business competition in the market, the existence of price controls, and prevent other business actors from entering and competing in the market. As a result, the mastery of Big Data brings business actors to have full dominance in the market. If this is proven to happen, then according to the provisions in the laws and regulations, business actors can be threatened with criminal sanctions of fines and imprisonment in accordance with the losses they have caused
Co-Authors Aam Suryamah Valencia Gustin