Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan

Mengurai Kontroversi Dan Manfaat Nikah Misyar

Fatimawali — 2024-09-13

This paper describes the controversy surrounding the practice of nikah misyar and explores the potential benefits for couples who choose it. Through a literature analysis, this paper presents various arguments supporting and opposing nikah misyar. In doing so, the article aims to provide deeper insights into the phenomenon of nikah misyar and its contribution to the context of family life in the modern Muslim world.

The research focuses on the exploration of fiqh laws by detailing these laws and the process of legal derivation (istidlal). The study involves an in-depth analysis of each opinion and the evidence supporting them. This qualitative approach collects relevant books related to the discussed theme, then presents data from the ideas and thoughts of involved scholars, and analyzes them to produce new legal conclusions.

Findings from the research indicate that nikah misyar is viewed as conflicting with the high moral and social values upheld in Islamic society. Some scholars and segments of the community believe that this practice can undermine the institution of marriage and negatively impact family stability. Critics argue that this practice often sacrifices women's rights, such as the right to financial support and a stable household. However, for couples who choose nikah misyar, one of the main benefits is flexibility. Both partners can adjust their marital relationship according to their needs and life situations without being bound by traditional marriage norms.

Keyword: Family; Misyar; Marriage.

Pelelangan Objek Jaminan Berupa Hak Guna Bangunan Yang Habis Masa Berlakunya

Mario Satria Nagara Hendra — 2024-09-13

A legal relationship based on a building right as a security interest is a manifestation of the creditor's prudence in a debt agreement, and it gives rise to a property right. This type of property right is classified as a security property right and has several unique characteristics, including the creditor's preference right and, most importantly, the fulfillment of its right. This security interest as a form of property right can be extinguished due to several reasons, including the expiration of the right to the land that is being used as the object of the security. Creditor protection and debtor liability often become issues even up to the execution process. This article discusses the validity of the auction of a security interest where the right to the land has been extinguished and the legal protection of the security interest holder whose security interest on the land has been extinguished.

Keywords: Mortgage Rights; Secured Creditor; Security Interest.

Peranan Kemerdekaan Pers Dalam Hukum Positif Di Indonesia

Mariana Mugiono, S.S., M.M., M.H — 2024-09-13

Pelelangan Terhadap Obyek Jaminan Yang Dibebani Tiga Peringkat Hak Tanggungan Oleh Dua Badan Hukum

Roderick Dylon Kaferu — 2024-09-13

The Dependent Rights (HT) can be burdened with more than 1 (one) HT rating, so that the debtor can use the same collateral object as collateral for his debt. There is a situation where the debtor is 2 (two) different companies, but the management is the same. The collateral object used is the same and is burdened with 3 (three) HT levels. Credit facilities that are tied to the second-rank dependent rights have defaulted, so an auction must be held for the object of collateral. But the auction organizer rejected the auction application because it was not the first-ranked HT holder who submitted the auction. Therefore, it is a legal issue regarding the implementation of the auction of debts burdened by the second-rank HT by PT B, as well as legal protection and certainty for creditors holding second-rank HT guarantees. In this case, normative juridical law research is used by the author to carry out this writing. The author uses laws and regulations, books, and journals regarding HT and limited liability companies as primary and secondary legal materials in this writing. The results of this study show that the implementation of the auction of HT objects can be carried out, because of the existence of cross collateral and cross default deeds.

Keywords: Liability; Legal Certainty; Auction.

Ketidakpastian Hukum Mengenai Batas Wajar Pembuatan Akta Dalam Peraturan Dewan Kehormatan Pusat Ikatan Notaris Indonesia Nomor 1 Tahun 2017

Fendy Heryanto — 2024-09-13

A notary is a public official appointed by the state through a minister whose duties are regulated in statutory regulations. Because a notary is a public official, those who serve as notaries must be able to maintain the honor and dignity of their position. Everything related to the duties of a Notary must be carried out in accordance with the Law on Notary Positions and the Notary's Code of Ethics. Authentic deeds as legal products from notaries are a form of certainty and legal protection for the parties concerned. Because it concerns legal certainty and legal protection for the community, that is the reason why Notaries in carrying out their official duties must comply with what has been regulated in the Notary Position Law and the Notary Code of Ethics. In making Deeds, Notaries in their Code of Ethics have regulated the reasonable limit of deeds that can be made in one day. However, this limitation does not provide certainty because it is also regulated in the same article that there is an exception that more than 20 deeds can still be made. The existence of regulations cannot provide certainty, which in fact must be regulated because the impact reaches the community. Therefore, this problem will become a question for Notaries and will also have an impact on legal certainty and protection for the public. It can be said to have an effect on society because legal products made by Notaries may one day lose their evidentiary power.

Keyword: Notary; reasonable limits; Notarial Deed; Deed Making.

Menuju Era Akta Lelang Digital: Legalitas dan Tantangan Digitalisasi Minuta Risalah Lelang di Indonesia

Rita Kartika Jayanti — 2024-09-13

The transformation of the auction process in Indonesia is now entering the digital era with the issuance of Minister of Finance Regulation (PMK) number 122 of 2023 concerning Guidelines for Auction Implementation. This PMK allows the creation and storage of quotations/grosse/copies of auction minutes electronically. The rapid development of digitalization makes the concept of digital auction minutes very feasible in the future. However, this concept raises issues due to the absence of specific regulations governing electronic minutes and the prevention of cyber crimes, which contradicts Article 5 paragraph (4) of the ITE Law and the role of notaries who are also class II auction officials, as it contradicts the UUJN. A normative juridical approach is used to analyze the legality and evidentiary strength of digital auction minutes. This approach examines existing regulations and applicable legal principles to assess whether the current regulations are adequate for implementing the concept of digital auction minutes. The research results indicate that without more specific regulations, there is a risk that the creation and storage of digital auction minutes could be legally questioned and potentially lose their perfect evidentiary strength in court. Therefore, comprehensive regulations are needed to ensure the security and validity of digital auction minutes, in order to support the digital transformation of the auction process in Indonesia.

Keywords: Auction Officer; digital transformation; legality; Digital Auction Deed

Pendaftaran Peralihan Hak Atas Tanah Warisan Yang Belum Dibagi

Ati Rahmawati — 2024-09-13

The government, in an effort to ensure legal certainty, is holding registration of land rights, and registrants are given letters as strong evidence. The registration in question includes the transfer of land rights to the National Land Agency. The transfer of land rights occurs due to inheritance of registered land rights, which must be submitted by those who receive the rights to the land in question as inheritance to the Land Office, a certificate of title in question, a death certificate of the person whose name is recorded as the holder of the rights and a certificate of proof as an expert. inheritance, as in Article 42 PP No. 24 of 1997 concerning Land Registration. Registration of the transfer of land rights includes the requirements for a death certificate of the person whose name is recorded as the holder of the rights and a letter of proof of being the heir, as in Article 111 of the Regulation of the Minister of State for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 which has been amended by the Regulation of the Minister of Agrarian Affairs/Head of BPN No. 16 of 2021. The Yogyakarta Land Office is processing the transfer of names of inherited land parcels that have not been divided. According to the BPN's statement in the trial, the provisions for changing the name of the certificate have been carried out in accordance with the correct procedures.

Keywords: Registration of Transfer of Rights; Inherited Land; Not Yet Divided.

Keabsahan Akta Jaminan Fidusia Yang Tidak Ditandatangani Dihadapan Notaris dalam perspektif Undang-Undang Jabatan Notaris dan Undang-Undang Jaminan Fidusia

Ketut Septian Dripananda — 2024-09-13

This study analyzes the validity of a fiduciary security deed not signed before a notary based on the Notary Position Law and Fiduciary Security Law, and legal protection for harmed parties. The normative juridical method with an analytical descriptive approach was used. Results show a fiduciary security deed not signed before a notary degrades into a private deed, rendering it null and void by law and unable to be registered at the Fiduciary Registration Office. Legal protection for harmed creditors allows claiming compensation, costs, and interest from the notary if proven to violate the Notary Position Law provisions. The study concludes the notary's presence during fiduciary security deed signing is crucial to ensure validity and legal certainty for involved parties. The degraded deed's lack of registration prevents creditors from executing the fiduciary security, emphasizing notarization's importance in protecting creditor interests.

Key Words: Degradation; Fiduciary Security Deed; Notary

Kewenangan Kurator Dalam Mengeksekusi Aset Debitor Pada Kepailitan Lintas Batas (Cross Border Insolvency)

Okta Putri Setia Ningtias — 2024-09-13

Article 1 of Law No. 37/2004 on Bankruptcy and Postponement of Debt Payment Obligations, what is meant by Bankruptcy is a general confiscation of all assets of the Bankrupt Debtor whose management and management is carried out by the Curator under the supervision of the Supervisory Judge as regulated in this Law. Guidelines for the execution of the assets of Bankrupt Debtors located outside Indonesia are not regulated in Law Number 37 Year 2004 on Bankruptcy and Suspension of Debt Payment Obligations. Furthermore, Indonesia is not bound by an international agreement related to cross-border insolvency, so that bankruptcy decisions rendered by the Indonesian Commercial Court do not have executorial power outside Indonesia. Therefore, this will lead to the inability to sell the assets of the Bankrupt Debtor to be used as payment to its Creditors. This research uses the juridical-normative method by examining bankruptcy legislation. This research shows that there are no legal provisions that result in legal uncertainty. And the need to regulate the law related to the authority of the curator in executing the debtor's assets in cross-border bankruptcy.

Keywords: Curator; Debtor Assets; Cross-border.

Probelamatika Minuta Akta Notaris Yang Diberhetikan Secara Tidak Hormat

Angelina Marsella — 2024-09-13

A notary is a public official who has the authority to make an authentic deed. The authentic deed itself can is said to be authentic if it is made in accordance with the provisions Laws and made by or before officials general who has authority. This authentic deed can be is said to be the most important deed because it is a tool the strongest and fullest written evidence makes a real contribution for resolving cases. Notaries who can make deeds this authenticator is a Notary who is authorized by law determined to still be authorized, namely a current Notary practicing and not on leave, temporarily dismissed, honorably dismissed, or disrespectfully dismissed. But that's the problem is how the client's good impact on the validity of the minutes deed that has not been signed by a Notary who has dishonorably discharged, and what should be done carried out by a Substitute Notary regarding the minutes of the deed and the copies that have been issued?

Keywords: Notary, Authenthic Deed, Minutes of Deed.

Peran Indonesia Dan Hongkong Dalam Memberikan Perlindungan Hukum Terhadap Pekerja Migran Indonesia Di Hongkong

Emiliano Octo Joaquim Beli Quintão — 2024-09-13

Perlindungan Hukum Para Anggota Koperasi Menjalankan Kegiatan Usaha Sektor Jasa Keuangan

Louis Budiyanto Limowandoho — 2024-09-13

The promulgation of Law no. 4 of 2023 concerning Development and Strengthening of the Financial Sector (UUPPSK) for joint business activities (cooperatives) in the financial services sector, does not revoke Law no. 25 of 1992 concerning Cooperatives (Cooperative Law). Providing cooperative members with the choice of running pure cooperative business activities (from members to members/close loop) or open cooperatives (open loop/collecting funds outside members as well as distributing funds to non-members, supervision and participation of the Financial Services Authority (OJK). Occurs the mixing of cooperative capital and double supervision by the Cooperative Supervisory Board and supervision from the Financial Services Authority (OJK). The issue of whether cooperatives (close loop) and cooperatives (open loop) guarantee legal certainty and whether double supervision of cooperative business activities provides legal protection to cooperative members. . The method used in this research is normative juridical with a statutory regulation approach and a conceptual approach. The following research results were obtained: Cooperatives that run service businesses in the financial sector are regulated by the Cooperative Law and UUPPKS, mixing internal and external member capital, double supervision. , making there no legal certainty, because positive law is legislation, it cannot be easily changed, so that there is legal certainty. Collecting and distributing cooperative capital to non-members in case of default does not provide legal protection to members, because savings, whether mandatory, principal or voluntary, are not guaranteed by the Deposit Insurance Corporation.

Keywords: Legal Protection; Cooperative Members; Financial Services Sector.

Analyzing Lexical Resource in the Speaking Skill of Street Vendors in Tourism Area

Muhammad Junaidi Marzuki — 2024-09-13

This study investigates the lexical resources utilized by street vendors in a popular tourism area and their impact on effective communication with international tourists. Through qualitative analysis of speech samples from a diverse group of vendors, the research identifies common vocabulary patterns, the extent of lexical diversity, and the use of language adaptation strategies such as code-switching and simplification. The findings reveal that while vendors often rely on a limited vocabulary, they effectively use context-specific terms and non-verbal cues to enhance mutual understanding. Additionally, the study highlights the challenges faced by vendors due to language barriers and suggests potential language training programs to improve their communicative competence. This research underscores the importance of targeted lexical resource development to boost vendors' speaking skills, ultimately contributing to better customer interactions and increased economic opportunities in the tourism sector.

Keyword: Lexical Resource; Speaking Skill; Street Vendors; Tourism Area.

Implementasi Dan Problematika Standar Penilaian Pendidikan Dalam Kurikulum Merdeka Sekolah/Madrasah Di Indonesia

Lina Rusliana — 2024-09-13

The success of education will be seen if the evaluation measuring tools used are appropriate and can measure each goal. Therefore, relevant measuring instruments are needed so that the measurement results are precise. In making the measuring instrument used, of course, must have a reference or assessment standard used. So that in this article the author is interested in looking further at the implementation and problems of educational assessment standards in the independent curriculum in Indonesia. The writing method in this article uses the literature review method (library research). Throughlibrary research carried out by the author, it is known that the Educational Assessment Standards contained in Permendikbudristek 21 of 2022,implemented in the independent curriculum and began to be implemented in the 2022/2023 school year. The scoring system in the independent curriculum does not look at how many grades (numbers) students get, but looks at how students process each lesson that is carried out, such as the ability of students to reason, find solutions to problems found around them. Various Free Learning programs have become a policy that is considered transformative in the world of education, of course there will be various changes that will be felt by teachers. This change felt by the teacher confronted him with various obstacles that needed to be addressed properly, such as the lack of experience with learning independence made it difficult for the teacher to determine the model, learning media and assessment system to be carried out, the lack of competency in mastering the material possessed by the teacher was one of the causes of difficulties. in compiling assessment instruments used in learning. The problems that occur are not an obstacle but a challenge for teachers to keep moving forward. Teachers are at the forefront of various changes in the world of education, like it or not, they have to be ready to take various efforts and have the courage to learn and try. In order not only to adapt, but also to be able to prepare students as the nation's generation to be able to answer challenges in the future.

Keywords: Problems; Educational Assessment Standards; Independent curriculum.

Tinjauan Penerapan Klausula Baku Sepihak dalam Perjanjian Peer to peer lending

Wiliam — 2024-09-13

Peer-to-peer lending is a financial technology service in the field of unsecured cash loans that brings together lenders and borrowers through an internet-based electronic platform. Peer-to-peer lending greatly facilitates transactions for individuals without the need to queue or wait for loan disbursement decisions, unlike conventional banks that may appear complicated and have longer disbursement times. However, in practice, peer-to-peer lending providers often utilize standard clauses to expedite fund disbursement, which can potentially harm consumers. Standard clauses tend to place consumers in an imbalanced position, where peer-to-peer lending providers can unilaterally apply changes to the terms and conditions of the service without obtaining confirmation or consent from consumers. The aim of this research is to analyze whether the standard clauses used by peer-to-peer lending platform, violate the principle of the freedom of contract. This research adopts a normative legal research methodology, utilizing legislative and conceptual approaches in the analysis. The results of this study indicate that the application of standard clauses in the peer-to-peer lending platform agreement violates the principle of freedom of contract and puts consumers in an imbalanced position when closing a peer-to-peer lending agreement.

Keywords: Standard clause; debt agreement; Peer to peer lending.