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Devi Triasari
Faculty of Law, University Adelaide
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Legal Reform Policy on the Shariah Supervisory Board Role’s in Indonesian Shariah Banks Devi Triasari; Francesco de Zwart
BESTUUR Vol 9, No 2 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v9i2.55173

Abstract

As Muslim majority country, Indonesia experiences the mushrooming of banks based on Islamic values (called shariah banking). The existence of sharia banking is followed by legal policies intended to support the progress of the business sector, including regulations regarding the Sharia Advisory Board, but the question is whether the policy is effective in the development of sharia banking in Indonesia. Adherent to that context, this study aims to examine the issues faced by the Sharia Supervisory Board in Indonesia. This study argues that there are at least fifth substantial problems related to the policies of the Sharia Supervisory Board in Indonesia, namely: (1) not all Shariah Supervisory Boards in Islamic business units have supported by a strong legal basis on which their operations are inducted to; (2) members of the Shariah Supervisory Board are appointed mostly based on their charisma and popularity in society, not of their knowledge and experience in related field; (3) ideally Shariah Supervisory Board must have recognized the banking system before becoming Shariah Supervisory Board, but the basic knowledge is not easy to understand when entering on technical issues; (4) many Shariah Supervisory Boards are not focused on shariah banks supervision duty because of their multi profession; (5) lack of advice related to product innovation and social needs issues.
Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State Ahmad Siboy; Sholahuddin Al-Fatih; Devi Triasari; Hilaire Tegnan
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71055

Abstract

The process of resolving administrative violations in the appointment of non-definitive regional heads that have not been regulated can threaten democratic values. Likewise, there has not been a judicial institution that has been given special authority to try it. This study aims to provide a regulatory model or settlement of administrative violations in the appointment of non-definitive regional heads in the welfare state. This study is a normative legal research that uses legal theory to settle administrative violations, legal protection, the welfare state, and Pancasila democracy. The study results show that the judicial mechanism for appointing non-definitive regional heads has a specificity that cannot be resolved through general State Administrative dispute resolution. In the USA, election disputes were resolved through the courts, whereas, in Australia, the Electoral Management Bodies determine the mayoral elections dispute. A design that can be chosen for the judicial process for appointing a non-definitive regional head is proposed, namely by granting authority to Bawaslu to resolve administrative violations through the Special Court mechanism. The granting of judicial authority can fulfill the basic principles of fast, open, and constitutional non-definitive regional head appointment dispute resolution.
Co-Authors Ahmad Siboy Francesco de Zwart Hilaire Tegnan Sholahuddin Al-Fatih