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Rechtsvinding
Published by Civiliza Publishing
ISSN : -     EISSN : 29874424     DOI : https://doi.org/10.59525/rechtsvinding
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
This journal is published by Civiliza Publishing twice a year (June an December). The presence of the journal accommodates scientific writings from the academic community, researchers, students, and practices in Sharia Economic Law and law that have good values ​​and high rationality. The scope of the discussion about sharia economic law (muamalah) with sharia principle and values.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
Tinjauan Hukum Islam terhadap Kerjasama Antara Pengemudi dan PT. Gojek Indonesia Cabang Madiun Wahyu Ni'am Arrozi
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.153

Abstract

This research departs from the practice of cooperation between drivers and PT. Gojek Indonesia, in which there is a withdrawal of attributes in the form of jackets and helmets as capital that has been purchased by the driver from the company. Also, the driver's balance will be forfeited when the partnership with the company ends, where the balance is an advantage that should have been owned by the driver. This is detrimental to the driver and profitable for the company. Collaboration between the driver and PT. Gojek Indonesia is a form of muamalah activity, namely musharakah and is included in the Shirkah Abdan category, because the two parties partner with capital and carry out joint efforts to get profits and are divided according to a mutual agreement. The aims of this study are: (1) to explain the review of Islamic law on the cooperation agreement between the driver and PT. Gojek Indonesia Madiun Branch. (2) Explain the review of Islamic law on the ownership of Gojek driver attributes. (3) Explain the review of Islamic law on the ownership of Gojek drivers' GoPay balances. According to its type, this research includes qualitative field research, namely seeking data directly into the field by looking closely at the object under study. The approach used in this study is a case study with data collection methods of interviews, observation, and documentation. Field data originating from administrators and drivers are then analyzed whether they are in accordance with Sharia Economic Law or not. From the data analysis it can be concluded that, (1) a review of Islamic law on the cooperation contract between the driver and PT. Gojek Indonesia's Madiun Branch is included in muamalah practices, namely Shirkah and is included in Shirkah 'Inan, where both parties partner with capital and do business for profit and are divided according to a mutual agreement. And that is legally permissible based on the Koran. (2) A review of Islamic law on ownership of Gojek driver attributes that the capital provided by the company to the driver is invalid because it does not comply with one of the requirements in capital, namely capital must be cash or cash and may not be owed. Regarding the withdrawal of attributes in the form of jackets and helmets when the driver's partnership with the company ends, it is not in accordance with the Shari'a. (3) A review of Islamic law on the ownership of Gojek drivers' GoPay balances, the driver's balance being forfeited due to a partner breaking up or freezing the balance by the company is contrary to Islamic law.
Eksistensi Fungsi Dewan Perwakilan Daerah Sebagai Lembaga Perwakilan Daerah Dalam Sistem Bikameral Nyoman Nidia Sari Hayati
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.154

Abstract

DPD is a representative body that was born on the third amendment of the 1945 Constitution which is the representation of the people of the area which is a representative second chamber after the House of Representatives. Interest DPD formed to represent local people's voice with various laws in favor of the local community. However, the regulations and the Act does not provide the appropriate authority of the DPD is different from the authority given to the House of Representatives. This differs from the various countries of the world are on a strong power authority in the legislative for DPD called to the Upper House or Senate. This research was conducted with the comparative method is to provide a comparison authority of the DPD in various countries of the world and the historical approach to determine the origin and development of DPD and bicameral system.
Hukum Produk Cicil Emas di Bank Syariah Mandiri Ponorogo Maulida Agustina; Khoirul Fathoni
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.155

Abstract

This study examines one of the products in Mandiri Islamic banks, namely gold installment products that use a murabaha contract. the problem is with the item, when the contract occurs, the object of the contract or gold is not owned by the independent Islamic bank and at the beginning of this contract there is a price discount agreed at the beginning of the contract when the customer pays off the installments at the beginning of the contract. The purpose of this study was to find out the law on murabahah contracts on gold installment products at Mandiri Syariah Bank Ponorogo and the law on murabahah repayment deductions on gold installment products at Mandiri Syariah Bank Ponorogo. This type of research is field research with descriptive analysis methods and data collection using observation, interviews and documentation. The results of this study are that the object of gold installment products at Mandiri Islamic banks using a murabaha contract is not in accordance with Islamic law which should be and the repayment deduction on the murabahah contract agreed upon at the beginning on gold installment products at Mandiri Islamic bank Ponorogo is also not in accordance with the DSN MUI fatwa No. 23 of 2002.
Hukum Jual Beli Semut Jepang Menurut Pandangan Ulama Nahdlatul Ulama (NU) Ponorogo Siti Safinaturrohmah
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.156

Abstract

The study of fiqh from time to time continues to change and develop, including in terms of mu'amalah, mu'amalah is a part of Islamic law because mu'amalah is a matter that regulates relations between humans in society with regard to buying and selling while maintaining religion, ancestry and treasure. But everything that is done by humans must have the essence of maslahah contained in it, such as buying and selling Japanese ants which are used for medicine. Japanese ants are considered to contain many harmful side effects so they contain a lot of mafsadat. As for the preparation of this thesis, what the writer wants to achieve is to find out 1) what is the view of the Ponorogo Nahdlatul Ulama (NU) Ulama on the issue of buying and selling Japanese ants?, 2) What legal basis is used by the Ponorogo Nahdlatul Ulama (NU) Ulama in punishing the sale and purchase of ants Japan?. In this study the authors conducted field research. Researchers in extracting field data are using a qualitative approach, and analysis with an inductive method, namely examining facts and data that are specific and ending with general conclusions. To manage data, the authors use editing, organizing, and finding results. The results of this study concluded: Nahdlatul Ulama (NU) Ponorogo scholars differed in convicting the buying and selling of Japanese ants, some said it was permissible or legal and some said it was not permissible or illegal. The reason for its permissibility is because there are maslahahs and it fulfills the conditions and pillars of buying and selling. The reasons for its inadmissibility are that there are harm or problems in terms of its usefulness, Japanese ants do not have clarity about their benefits, the medical team (Indonesian Doctors Association) also does not issue research results regarding the benefits of Japanese ants for certain diseases, so this benefit is just a myth from society or from unscrupulous individuals. which creates new business opportunities for the sake of creating large profits. Meanwhile, the legal basis used by Nahdlatul Ulama (NU) Ponorogo scholars is different, and results in different decisions.
Hukum Jual Beli Kucing Hias di Toko Loly Petshop Jalan Suromenggolo Ponorogo Nurul Ihtiawati Baroroh
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.157

Abstract

This study discusses muamalah activities regarding the buying and selling of ornamental cats carried out by the Ponorogo community without considering the law and also regarding the expensive price of cats with unclear benefits or whether these cats are not necessarily beneficial to their owners. So this research will discuss how the legal analysis of the sale and purchase contract of decorative cats at the Loly Petshop shop on Jalan Suromenggolo Ponorogo and how to analyze the maslahah of the object of buying and selling cats at the Loly Petshop shop on Jalan Suromenggolo Ponorogo. This research is a field research with qualitative methods. Researchers conduct research in the field directly to find facts and phenomena that occur in the field. This research data collection technique using observation and interview techniques. The results of this study are that in the case of buying and selling of ornamental cats, it is permissible (mubah), the requirements for goods that are lawful to be sold, provide benefits and can also be known for the goods, the goods being traded are sacred goods. Thus, trading unclean goods is not justified even though cats usually sleep or walk carelessly, but cats are sacred animals. According to the maslahah study, there are two opinions, the first assumes that cats can be used as a business field, that is, they can be resold when the cats have given birth because ornamental cats have a high value, so that it can be said to be tahsiniyah needs. The second opinion says that cats are entertainment, reduce stress and playmates, but for people with middle to upper economic levels, cats are included in the needs of hajiyat. So the cat here includes the scope of hajiyat and tahsiniyat, namely things that complete the needs of dharuriyat.
Implementation of Fulfilling The Rights of Adopted Children in The Inheritance Law System According to A Compilation of Islamic Law and Civil Law Muhaimi Muharrar
Rechtsvinding Vol. 1 No. 2 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i2.293

Abstract

Adoption of children in Indonesia has been around for a long time; until now, adoption is regulated in the Compilation of Islamic Law and also in Staatsblad 1917 No. 129. In the KHI and the Civil Code, the position of adopted children is differentiated, whereas in the KHI, adopted children cannot be equated with biological children. Whereas in the Civil Code, Adopted children have the same position as biological children. These differences certainly have legal consequences for the inheritance rights of adopted children, where whether or not the adoption of a child is valid according to the KHI and the Civil Code will impact the adopted child's rights to the inheritance of his or her adoptive parents. The aim of writing this thesis is to see the implementation of fulfilling the inheritance rights of adopted children according to the KHI and the Civil Code by looking at what the Law is like in Indonesia. The research method used is normative legal research by reviewing library materials. The results of the research found differences in the definition of child adoption in the KHI and the Civil Code. This is one of the factors in not fulfilling the inheritance rights of adopted children. The importance of harmony between KHI and the Civil Code, as well as other statutory provisions in defining child adoption, is because it will impact the rights of adopted children and adoptive parents if the child's adoption is deemed invalid. Therefore, the definition of child adoption must refocus on the purpose of child adoption itself, namely to improve the welfare of the child and take care of and maintain it so that they can live a good life, which, if this has happened and can be proven then the adoption should be legal as follows: legal consequences.
Pandangan Hakim Pengadilan Agama dan Pengadilan Negeri Ponorogo tentang Perkawinan Beda Agama Silachi Agusta Adi Putra
Rechtsvinding Vol. 1 No. 2 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i2.298

Abstract

AbstractPerkawinan beda agama merupakan pelanggaran terhadap Undang-undang Nomor 1 Tahun 1974 pasal 2 ayat 1: “Perkawinan adalah sah apabila dilakukan menurut hukum masing-masing agamanya dan kepercayaannya itu”, dan pasal 8 huruf f : “Perkawinan dilarang antara dua orang yang mempunyai hubungan yang agamanya atau peraturan lain yang berlaku, dilarang kawin”. Perkawinan beda agama sah dan dapat dilangsungkan karena telah tercakup dalam perkawinan campuran, sebagaimana termaktub dalam pasal 57 Undang-undang Perkawinan. Yang terakhir bahwa perkawinan antar agama sama sekali tidak diatur dalam Undang-undang No 1 Tahun 1974. Dengan rumusan masalah yang diambil dari latar belakang di atas adalah bagaimana pandangan hakim Pengadilan Agama dan Pengadilan Negeri Kabupaten Ponorogo mengenai perkawinan beda agama dan dampak akibat hukumnya. Adapun tujuan penelitian ini adalah untuk mengetahui argumentasi hakim Pengadilan Agama dan Pengadilan Negeri Kabupaten Ponorogo mengenai Perkawinan Beda Agama Dan Dampak Akibat Hukumnya. Sampai saat ini Perkawinan Beda Agama tetap menjadi problematika, kurangnya pemahaman agama bagi masyarakat dan lemahnya iman membuat seseorang melakukan perkawinan beda agama. Didalam agama Islam, salah satu penyebab seseorang tidak bisa mendapatkan harta waris ( terputusnya hak warisnya ) yaitu perbedaan agama antara pewaris dengan ahli waris.
Pemberian Perlindungan Hukum terhadap Pemegang Polis Asuransi dalam Peraturan Perundang-undangan di Indonesia Feby Dian Nurrahayu
Rechtsvinding Vol. 2 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v2i1.350

Abstract

Insurance has become a popular investment vehicle due to its offering of certainty and assurance. One common issue faced by policyholders is the difficulty in receiving intermittent reimbursements for specific payments, whereas the primary objective of a policyholder or any party involved in an insurance agreement is to receive compensation when the insured object experiences an unexpected event. Normative legal research methodology is employed as an approach in composing this writing, relying on legal materials obtained through literature research, which includes primary and secondary legal materials. Primary legal sources refer to statutory regulations relevant to the discussion material, while secondary legal sources involve various legal literature and other law-related sources such as legal dictionaries. It can be concluded that legally, an individual possessing an insurance policy holds the position of the insured party entitled to receive premium payments. This is aimed at providing compensation for losses, damages, or potential profit losses that may occur due to an unpredictable event. Individuals holding important roles as insurance policyholders, undoubtedly bound to the insurance company through their insurance agreement, are entitled to legal protection in various legal matters, particularly considering that the majority of insurance policy shareholders are individuals with vulnerable economic conditions. Therefore, several regulations are designed to provide more intensive attention and legal protection to insurance policyholders, preventing potential legal violations that may occur from insurance company entities. This concise abstract falls within the range of 150-200 words and is crafted in academic English.
TNI AL Authority as Maritime Crime Investigator in Securing Indonesian Waters Irwan Triadi; Muhammad Fadhil Ardian
Rechtsvinding Vol. 2 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v2i1.355

Abstract

This article aims to determine the authority of the Indonesian Navy as investigators of criminal offenses at sea, in line with their role in law enforcement in Indonesian waters. It examines the constraints faced by the Navy in law enforcement efforts and explores government measures to streamline these duties. The research method is normative legal research, which includes collecting, processing, and analyzing legal materials. The descriptive nature of this study connects factors with statutory regulations, theories, and expert opinions. A normative juridical approach is utilized, focusing on literature examination. The research concludes that the Indonesian Navy's authority as investigators in securing Indonesian waters is attributive, inherent to their office. From a constitutional law perspective, this attribution reflects the power of government organs to operate based on authority established by lawmakers, grounded in the constitution or legislation. According to the Law of the Republic of Indonesia Number 34 Year 2004 on the Indonesian National Armed Forces, Article 9, the Navy's role as law enforcement and security officers in Indonesian waters is hampered by unclear regulations. The Navy lacks authority to investigate all legal violations at sea, leading to overlapping law enforcement due to conflicting regulations that grant attributive authority.
Prohibition on Confiscation of State-Owned Immovable Property Against Decisions of the State Administrative Court That Have Already Become Final Silm Oktapani; Robert Libra; Zulkarnaen Noerdin
Rechtsvinding Vol. 2 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

State Administrative Law gives the state the right to resolve administrative disputes at the PTUN. However, this is different when faced with the problem of state property, especially state land, which in Article 50 of Law No. 1 of 2004 concerning State Treasury is actually prohibited regarding confiscation of state property including state-owned land. The formulation of this research are: 1) How is the Implementation of the Prohibition of Confiscation of Immovable State Property Against Inkracht State Administrative Court Decisions; and 2) How are the obstacles to the Implementation of the Prohibition of Confiscation of Immovable State Property Against Inkracht State Administrative Court Decisions. The research method used is Normative law. The results and discussion found that the implementation of the PTUN's decision regarding the confiscation of state property is hindered by the provisions of Article 50 paragraph (1) of Law No. 1 of 2004 concerning State Treasury so that the provisions need to be changed. Then, the obstacle that arises in terms of implementing the decision is the absence of a process that binds state officials or bodies to comply with the PTUN decision in Law No. 5 of 1986 concerning State Administrative Court. This is in fact very contrary to the principle of legal objectives desired by Gustav Radbruch who mentioned 3 (three) legal objectives, namely legal certainty, legal benefits, and legal justice. Therefore, it is necessary to amend the provisions of Law No. 1 Year 2004 on State Treasury and Law No. 5 Year 1986 on Administrative Court to accommodate the decision of the Administrative Court to execute state property.

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