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All Journal Jurnal Ilmiah AL-Jauhari Jurnal Studi Islam dan Interdisipliner TERAJU : Jurnal Syariah dan Hukum
Ilham Ilham
State Islamic University of Alauddin Makassar
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Implications of the Contract Freedom Principle and Legal Consequences of Standard Contract Which Detrimental to Debtors of Bank Syariah Indonesia (BSI) Makassar Danil Danil; Asbullah Thamrin; Ilham Ilham; Muhammad Obie
Jurnal Ilmiah AL-Jauhari: Jurnal Studi Islam dan Interdisipliner Vol. 7 No. 2 (2022): Jurnal Ilmiah AL-Jauhari
Publisher : Pascasarjana IAIN Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/jiaj.v7i2.3063

Abstract

The objectives of the study were as follows: 1) To determine how the freedom of contract principle is affected by the implementation of standard contracts; and 2) To determine the legal repercussions of standard contracts whose terms are unfavorable to the debtor or consumer. This kind of research consisted of normative legal research or research conducted in libraries. The study made use of qualitative analysis by elaborating on the previously collected data through the use of words or statements. 1) The implication of the principle of freedom of contract in the implementation of a standard contract is first determined as a written condition in a form, then duplicated in a certain amount according to need. This was shown to be the case by the findings. Because of the preceding, customers are unable to negotiate the terms of the agreement because these forms are then provided to customers in mass quantities, despite the fact that the conditions outlined on each form are unique from those outlined on the other forms. To phrase it another way, consumers do not have the same level of bargaining power as producers or creditors; 2) The legal consequences of standard contracts whose contents are detrimental to the debtor/consumer because at the beginning of making/composing the agreement the creditor/producer did not involve the customer in making/composing the agreement so that they had no other choice; 3) The As a consequence of this, a number of aspects of the standard agreement are regarded as being in conflict with the rights of the debtor or consumer. These aspects are as follows: (1) The content, terms, and conditions are determined unilaterally; (2) the contents of the agreement are not known about the legal impact and consequences; (3) the bank is more dominant in the agreement; (4) Conditions are forced in the agreement.
Perlindungan Hukum Bagi Korban Salah Tangkap yang Mengalami Kekerasan dalam Proses Penyidikan Ilham Ilham; Asbullah Thamrin; Danil Danil; Nurmiati Muhiddin
TERAJU: Jurnal Syariah dan Hukum Vol 4 No 02 (2022)
Publisher : P3M dan Jurusan Syariah dan Ekonomi Bisnis Islam STAIN Sultan Abdurrahman Kepulauan Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35961/teraju.v4i02.625

Abstract

The goals of this study are to 1) investigate the types of punishments that can be handed out to law enforcement officers who are found to have participated in wrongful arrests that were accompanied by acts of violence, and 2) investigate the types of responsibilities that the state has toward victims of wrongful arrests who were subjected to acts of violence during the investigation process. This study makes use of legal materials in the form of statutory regulations, in addition to legal materials obtained through literature or literature studies, such as books in the field of legal science, research results, draft laws and regulations, research results, the internet, and other sources that are closely related to one another about the issue that is being investigated. Following the collection of all legal materials, these are then categorized and analyzed to draw conclusions based on the information obtained from the issues that were discussed. The findings demonstrate that the occurrence of wrongful arrests is evidence of a fundamental management distortion that ignores the importance of professionalism in the collection of evidence. In this particular instance, the ethics code that governs the police profession has been broken. The members of the police force who were involved in the incident are also subjected to disciplinary action. This occurs by the Police Code of Ethics as well as Regulation Number 2 of 2003 issued by the Head of the National Police of the Republic of Indonesia concerning the Order of Police Members. While this is going on, the victim has the legal right to file a lawsuit, specifically requesting a pretrial order that the defendant pays compensation and provides rehabilitation following the KUHAP.
Co-Authors Asbullah Thamrin Asbullah Thamrin Danil Danil Muhammad Obie Nurmiati Muhiddin