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Legal Protection for the Partnership Agreement Parties

al-risalah
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Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi

ISSN : 1412436X EISSN : 25409522 DOI : https://doi.org/10.30631/alrisalah.v22i1.1118

Core Subject : Economy, Social,

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, criminal law, civil law, international law, constitutional law, administrative law, economic law, medical law, customary law, environmental law and so on.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 10 Documents

Search results for , issue "Vol 22 No 1 (2022): June 2022" : 10 Documents clear

Penetration of International Economic Law in the Development of the Cyber Notary Concept in Indonesia Ikhsan Lubis; Tarsisius Murwadji; Detania Sukarja; Rosmalinda Rosmalinda
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study aims to describe the penetration of international economic law in the development of the cyber notary concept in Indonesia. The development of the world today, which has entered the Industrial Revolution 4.0, has forced international law to develop the idea of a cyber notary. It needs to be conducted because Indonesia has no legal instrument to regulate cyber notaries. This study adopts legal research conducted to examine the problem in a normative juridical approach where the author examines various laws and regulations because normative juridical conceptualizes law as a written norm and is poured into legislation used as a benchmark for the community. The study results indicate that various legal instruments have been established, such as legal norms regarding Cyber Notaries in Indonesia, which are contained in the Act, in particular a. Law No. 2 of 2014 concerning amendments to Law No. 30 of 2004 concerning the Position of a Notary. Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), Law No. 40 of 2007 concerning Limited Liability Companies.

Implementation of Curator's Authority to Filing Actio Pauliana Suit (Study of Case Verdict Number 01/Pdt.Sus/ActioPauliana/2016/PN.Niaga.Jkt.Pst) Charla Ferina Anindra
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

To protecting the interest of creditors which are prejudiced due to legal actions conducted by debtors, Law Number 37 Year 2004 provides a legal action through actio pauliana. The research based on Verdict Number 01/Pdt.Sus/ ActioPauliana/2016/PN.Niaga.Jkt. The authority of Tommy Simorangkir as a curator in filing an actio pauliana suit towards the debtor’s bankrupt assets in the form of a plot of land which is owned by the bankrupt and 2 (two) other persons, and whether the legal consideration of the panel of judges in deciding the case has been correct or incorrect. The type of research which the author uses in this research is a normatif research and uses the statue and case approach. The data which is used in this research are secondary data by using legal materials. The result finds that the authority to file an actio pauliana suit in a bankruptcy case is possessed by curators and Tommy Simorangkir has the authority to file actio pauliana although the asset is not only owned by the debtor alone, however, actio pauliana filed in the said case shall be rejected since it is not proven that the debtor is aware that their conduct is prejudicial to the creditor.

Judge's Dilemma in Marriage Dispensation in the Religious Court Hasyim Sofyan Lahilote; A.A. Miftah; Yuliatin Yuliatin; Rahmi Hidayati
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Judges experience various dilemmas when adjudicating marriage dispensation cases in Religious Courts. In particular, there are difficulties associated with applying the principles laid out in the provisions of Article 2 PERMA no. 5 of 2019, which guide such decisions. This study analyzes how judges consider various legal theories when making decisions regarding marriage dispensations using the normative judicial method. The results showed that the judges of Religious Courts primarily rely on the maslahah theory when making decisions on marriage dispensation cases, in spite of the existence of PERMA no. 5 of 2019 as a potential reference for maximizing aspects of justice and legal certainty.

Matchmaking in Pesantren: The Role of Wali Mujbir in Matchmaking with Maqasid Sharia Perspectives Dea Salma Sallom; Kholil Syu'aib
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Wali mujbir is a guardian who has the right to marry off his daughter with or without the permission of the person concerned with certain conditions. He is someone who has an upward patrilineal line with the woman who will marry, which in this case is the father. In Islam, the right of wali mujbir is usually called the right of ijbar, this right is absolute, but as time goes by, now the privilege of ijbar has another interpretation. Although the father has the right to force him, he does not forget to allow his daughter to have an opinion. This kind of marriage is often referred to as matchmaking. It is considered an interesting social phenomenon in society. Pesantren, as sacred institutions, are often the mecca in matchmaking processions because, in pesantren, families prioritize lineage in finding a partner. It is an important benchmark for dzurriyah or the descendants of the Kiai. In addition to maintaining lineage, matchmaking in pesantren also aims to preserve religion and soul. This article examines the role of wali mujbir at the APTQ Bungah Gresik pesantren in carrying out matchmaking so that the goals of sharia are achieved, which in this case are hifdz ad-din, hifdz an-nafs, and hifdz an-nasl.

Legal Protection for the Partnership Agreement Parties Widaningsih Widaningsih; Suhariningsih Suhariningsih; Sihabuddin Sihabuddin; Budi Santoso
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Preparing the partnership agreement must comply with the rules for the parties to get guarantees and legal protection. The rules must meet the preliminary requirements, such as understanding the transaction object and background, compiling its outline, recognizing the partners, and formulating the agreement principles. The partnership agreement must also have a signature, as well as rights and obligations. This normative study aimed to analyze the partnership agreement rules as legal protection. The results showed that the partnership agreement rules contain all the parties need as legal certainty and protection.

Implementation of Rehabilitation for Narcotics Addicts in Positive Legal Perspective and Islamic Law Lisa Analisa; Kamarusdiana Kamarusdiana; Nurul Adhha
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This study aims to analyze the concept of rehabilitation of addicts at BABESREHAB BNN Lido West Java so that obstacles and challenges in the implementation of rehabilitation for narcotics addicts can be identified with the help of empirical normative analysis. This research also aims to analyze the actualization – in social rehabilitation, especially the mental coaching room. This research was a legal research with an interdisciplinary socio-legal study. The author uses this study model in order to describe legal issues more meaningfully from both a theoretical and practical point of view. This research was conducted at the Rehabilitation Center of the National Narcotics Agency (BABESREHAB BNN Lido West Java) Lido because this rehabilitation institution is a large rehabilitation center directly owned by the government, which was suspected to have made a major contribution to the success of rehabilitation in accordance with applicable laws and policies. This study also uses a mixed methodology consisting of reviewing legal documents and government policies and institutions under it, focus group discussions, and semi-structured interviews. This study also uses an ethnographic content analysis approach known as Ethnographic Content Analysis (ECA). Research informants consisted of 7 practitioner staff and 4 informants from rehabilitation residents. This study concludes that rehabilitation in Indonesia still requires attention from all parties, government, private, and family in solving all obstacles and challenges in its implementation. The allegation that the Lido National Narcotics Agency Rehabilitation (BABESREHAB BNN Lido West Java) which is directly controlled by the government, has contributed greatly to the success of rehabilitation in accordance with the law, applicable policy, as well as - not yet fully confirmed. This study found several problems in the implementation of rehabilitation, namely, (1) there is no reach out for prospective rehabilitation residents, (2) there are still dilemmas in forced rehabilitation, resident motivation, and vocational training (3) limited number of functional personnel, (4) lack of awareness legal and policy context, (5) Islamic mental development curriculum is not yet comprehensive.

Is Human Trafficking's Victim Receive Zakat as Riqab?: Zakat Distribution at East Java Philanthropic Organizations Nur Ibadi; Eja Armaz Hardi
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This paper aims to analyze human trafficking victims in the zakat distribution discourse in six philanthropic institutions in East Java and to describe the supporting and inhibiting factors in determining human trafficking victims as riqab. Human trafficking victims have not been touched by the zakat system in Indonesia, while the number of victims has simultaneously increased. This paper utilizes a field study that uses primary data from in-depth interviews with top leaders of six zakat institutions under the National Amil Zakat Agency. In addition, this paper also uses secondary data sourced from documentation and annual reports released by the research object. This paper concludes that, firstly, victims of human trafficking have met the criteria to be zakat recipients on behalf of riqab. Although in practice in the field, no East Java zakat institution distributes zakat to victims of human trafficking. Second, East Java zakat institutions have the potential for proportional support to distribute zakat in the name of riqab to victims of human trafficking. Its implementation still encounters obstacles but can be overcome with the current potential.

Balancing Two Conflicting Perspectives on Wiretapping Act: Rights to Privacy and Law Enforcement Rudi Natamiharja; Febryani Sabatira; Desia Rakhma Banjarani; Orima Melati Davey; Ikhsan Setiawan
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The right to privacy is part of fundamental human rights in technological advances. It is outlined under Article 12 of the 1948 Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights. Substantially, the right to privacy prohibits personal data dissemination, including wiretapping, which is considered a violation of human rights. However, applicable laws permit wiretapping when it aims to discover criminal evidence in court. Indonesia authorizes this act under Corruption Eradication Commission Law, Telecommunications Law, Corruption Crime Act, Terrorism Eradication Law, and Psychotropic Law. Unfortunately, these laws have failed to provide a standard mechanism and procedures for conducting the wiretapping act. The substantial insufficiency has made Indonesia a low-ranked country’s privacy rights protection index. This implies the government has failed in balancing the interest of privacy as individual rights and the state's interest in law enforcement. Therefore, this study aimed to examine human rights on privacy, the wiretapping act in law enforcement, and the effort to balance these two rights. It used a normative juridical approach with secondary data. The results showed that Indonesian law has shortcomings that may violate constitutional rights. Therefore, there is a need for a law that comprehensively regulates the mechanisms and detailed procedures for wiretapping.

Restructuring of Debt Payment Obligation Suspension Agreements Homologated Due to Covid-19 Non-Natural Disasters Hanin Alya' Labibah
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The quick spread of the Covid-19 pandemic weakened the economy and led to the non-performance of debtors’ obligations because their business did not run smoothly during the period. Several business actors with homologated PKPU peace were hindered or prevented from achieving their aims including the force majeure qualifications associated with the Covid-19 pandemic. Therefore, this normative legal research conducted through statutory, conceptual, and case approaches was used to assess this situation. The findings showed that a debtor can request to restructure the homologation implementation based on the force majeure of the Covid-19 pandemic but the request needs to be based on the agreement between the debtor and creditor using Article 1338 paragraph (1) of the Civil Code as the premise. It was discovered from the PT Berlian Tenker case that the agreement was conducted without requiring further re-homologation in the court because the UUK-PKPU is not applicable in the matter due to the fact that the Covid-19 pandemic is a national disaster classified as a relative force majeure.

Marriage Preparation Courses in Indonesia: Comparative Study of Muslims and Christians Samin Batubara; Khoiruddin Nasution; Jumni Nelli; Syamruddin Nasution; Sobhan Sobhan; Kholidah Kholidah
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

This paper aims to prove that after attending the Marriage Preparation Course, the prospective wives and husbands of the course participants feel the extraordinary benefits of attending the Marriage Preparation Course. Because the material presented is very relevant and vital as a provision in living household life. This paper reports the research results on implementing Marriage Preparation Courses among Muslims in Pekanbaru, Riau and Christians in Yogyakarta. These two objects result from selecting the best performance in carrying out the Marriage Preparation Course. This research includes qualitative research with a juridical approach and uses the theory of the legal system. The result of the study is that the implementation of a good Marriage Preparation Course can give a positive impression and knowledge to the course participants. The participants stated the importance of prospective wives and husbands taking Marriage Preparation Courses. This course assists candidates in dealing with the romance of domestic life in the future, especially if the material also provides testimonials of the couples. One problem to solve by working couples is not being able to get permission from the workplace to take courses. Hopefully, there will be a policy from the government that requires workplaces to permit workers to take courses in the future.

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Contact Name
Kholil Syu'aib

Contact Email
kholil_syuaib@uinjambi.ac.id

Phone
+628127682779

Journal Mail Official
alrisalah@uinjambi.ac.id

Editorial Address
Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
Kota jambi,

Jambi

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Kholil Syu'aib

Contact Email kholil_syuaib@uinjambi.ac.id

Phone +628127682779

Journal Mail Official alrisalah@uinjambi.ac.id

Editorial Address Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location Kota jambi, Jambi INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Kholil Syu'aib

Contact Email
kholil_syuaib@uinjambi.ac.id

Phone
+628127682779

Journal Mail Official
alrisalah@uinjambi.ac.id

Editorial Address
Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
Kota jambi,

Jambi

INDONESIA