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Mohammad Rizky Siregar; Muthia Sakti; Iwan Erar Joesoef

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines the legal responsibility of corporate guarantors declared bankrupt for their obligations to creditors in loan agreements, analyzing Court Decision No. 318/Pdt.Sus-PKPU/2022/PN Commercial Court Jakarta Central. The study addresses the legal complexities arising when a corporate guarantee becomes insolvent before the principal debtor defaults, creating jurisdictional conflicts between bankruptcy law and guarantee obligations. Using normative legal research methodology with a juridical normative approach, this study analyzes the application of Article 229(2) in conjunction with Article 278(6) of Law No. 37/2004 on Bankruptcy and Suspension of Debt Payment Obligations (K-PKPU) and Article 1381 of the Civil Code. The research reveals that the curator's action in obstructing and rejecting PT KawanCicil Teknologi Utama's claim registration against the bankrupt guarantor without proper judicial determination constitutes conduct not based on applicable laws and regulations. The findings demonstrate that when a guarantor is declared bankrupt and the debtor is in default, the Supervisory Judge and Curator must accept PT KawanCicil Teknologi Utama as a creditor with rights to the debtor's assets during asset liquidation proceedings. The study concludes that bankruptcy declaration of a guarantor does not automatically terminate guarantee obligations under Article 1381 of the Civil Code, as bankruptcy is not enumerated among the causes of contract termination. This research contributes to legal certainty in corporate guarantee enforcement within Indonesia's bankruptcy framework and provides recommendations for legislative harmonization between conflicting provisions in bankruptcy law.

Haya Aghnia Azzara; Sherin Aulia Putri; Rendy Rizkysyah Lubis

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study aims to analyze the role and function of stamp duty in agreements in Indonesia. Stamp duty is one of the important elements in the document legalization process, which functions as evidence that an agreement has met the formal requirements set by law. In this study, qualitative methods were used to collect data through literature studies. The results of the study indicate that stamp duty not only functions as a source of state revenue, but also provides legal certainty for the parties involved in the agreement. In addition, this study identifies the challenges faced in the implementation of stamp duty, including low public understanding and potential legal disputes. This study is expected to contribute to the development of policies related to stamp duty and increase public awareness of the importance of legal aspects in agreements.-

Arnita Putri Wulandari; Putri Septriana Haganta Ginting; Moniqe Kurnia Hidayati Zulkarnain; Tukiman

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze how the implementation of collaborative governance in the Nutritious Food Yard Program (P2B) strengthens community-based food security in Sidoarjo Regency. A qualitative approach with a case study method was used to explore the social dynamics in depth. The research was conducted in Kampung Edukasi Sampah, Sekardangan Sub-district, one of the active areas in P2B implementation. Data were collected through interviews, observations, and document analysis involving key stakeholders such as the Sidoarjo City Food and Agriculture Office, Sidoarjo Police Sector, village officials, farmer groups, and environmental cadres. The analysis applied the collaborative governance model by Ansell and Gash (2008), which includes five indicators: face-to-face dialogue, trust building, commitment to the process, shared understanding, and intermediate outcomes. The findings show that most indicators of collaboration have been realized, particularly in communication and trust-building aspects. However, some challenges remain, including the absence of formal agreement documents among actors, inconsistent communication, lack of program outreach, and overlapping roles between the police and related agencies. This research contributes to strengthening cross-sectoral collaboration models in community-based food security programs in urban areas.

Aflah Zahratsabitha Irwan; Imam Fadhil Nugraha

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This paper examines the military cooperation between Brunei Darussalam and the United Kingdom, as well as its impact on regional stability in Southeast Asia, focusing on Brunei's non-alignment strategy as a small state. Using a descriptive analytic method based on a literature review, this paper explores descriptive data on the dynamics of Brunei's foreign policy strategy in building bilateral relations, the role of the UK post-Brexit through the Global Britain strategy in strengthening bilateral relations with ASEAN member countries, and the implementation of Brunei and British military cooperation in maintaining regional security stability through the presence of British Forces Brunei since 1963. This is supported by historical ties and the Garrison Agreement to strengthen the security of the country and the region without confrontation. Therefore, this paper shows that Brunei has managed to balance military cooperation with the UK and economic cooperation with China in the midst of great power rivalries and tensions over the South China Sea dispute, as well as its implications for regional stability.

Moh.Alfan Baetoni; Lucky Dafira Nugroho; Hudama Leo Putra Perkasa

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has driven significant changes in the practice of contract making, from manual-based to increasingly using electronic systems. This research discusses the validity of the legal certainty of electronic contracts compared to manual contracts. Electronic contracts offer efficiency and flexibility, but raise concerns regarding the validity of electronic signatures, data security, and legal proof in the event of a dispute. Meanwhile, manual contracts are considered more concrete and easily accepted as evidence due to their physical form. Through a normative approach with the analysis of laws and regulations and legal literature, this study found that both types of contracts have equal legal standing as long as they fulfill the legal requirements of an agreement according to the Civil Code. However, electronic contracts face challenges in legal protection, identity authentication, and document integrity. It is necessary to strengthen technical regulations, digital legal education, and technological infrastructure to ensure the validity and legal certainty of electronic contracts to be equivalent to manual contracts, so that the rights and obligations of the parties can be fairly protected in today's digital era.    

Parlaungan Gabriel Siahaan; Ramona Febiola Simorangkir; Adelia Br Aritonang; Grace Claudia Valerina Saragih; Joya Urmila Lubis +2 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to examine the legal protection of property brought into marriage that is mixed with joint property as a result of joint management in a marriage. In many cases, this mixing causes unclear legal status of the assets, especially during divorce or inheritance division. This study uses empirical normative legal methods with a qualitative descriptive approach. The data obtained were analyzed using data reduction, data presentation, and conclusion drawing techniques. This study shows that legal regulations in Indonesia related to the protection of property brought into marriage that is mixed with joint property due to joint management in marriage, and highlights the inconsistency of court decisions in such disputes and their impact on household economic stability. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have distinguished between property brought into marriage and joint property, practice in the field shows that mixing of property due to joint management often causes conflict during divorce. Inconsistency in court decisions arises due to the unclear norms in Article 37 of the Marriage Law which provide room for different interpretations by judges. This has an impact on legal uncertainty and potential injustice, especially for parties who are socially or economically weaker. Mixed property disputes also affect household economic stability, exacerbate social inequality, and cause psychological burdens for family members, including children. This study recommends the need for more detailed regulatory updates, the issuance of technical guidelines by the Supreme Court to unify decision standards, and increased legal education for the community to prevent conflicts through marriage agreements.

Moody Rizqy Syailendra; Angelica Ulinta Ginting; Irene Mariboto Sitanggang

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

A valid agreement creates a contract that gives rise to rights and obligations between the parties, and if one party does not fulfill its obligations, it can be declared to be in default. Default can be interpreted as the failure to fulfill or negligent in carrying out obligations as stipulated in the agreement made by the creditor and debtor. One example of a case of default regarding debts involving the Deputy Regent of Sidoarjo, Subandi, who borrowed IDR 1 billion from Darmiati Tansilong. The Supreme Court rejected Subandi's appeal (Decision No. 1609/K/Pdt/2022) and stated that he was in default. The Supreme Court's decision emphasized that the default committed by Subandi poses a risk in the form of debt repayment, paying profit sharing for property business development and the total interest that has been promised.

Anggel Jenita Devi; M. Zidny Nafi’ Hasbi

Jurnal Publikasi Ekonomi dan Akuntansi 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Islamic banks are financial institutions that operate in accordance with Islamic law and do not charge interest to their customers. Contracts and agreements between consumers and banks determine the profit-sharing (inbalam) received by Islamic banks and those received by customers. The purpose of this study is to determine the effect of inflation on Islamic bank finance in Indonesia from 2019 to 2023. The research method employed is a quantitative approach. The data source utilized is the Financial Services Authority (OJK), with document data collection techniques. Data analysis in this study involves simple linear regression analysis, t-test, F-test, and coefficient of determination (R²) test. The results indicate that inflation has no effect on the profitability of Islamic banking in Indonesia during the period from 2019 to 2023. This conclusion is drawn because the t-test results yielded a t-value of 1.359 < t-table 2.01505 and a significance value of 0.267 > 0.05, indicating no influence between the independent variable (inflation) and the dependent variable (profitability). Therefore, it can be concluded that inflation does not have a partial and significant effect on Islamic banking profitability in Indonesia during the 2019–2023 period.

Nasya Zahra; Firman Yudhanegara

Jurnal Ekonomi dan Keuangan Islam 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to determine the financing scheme and implementation of PSAK 402 murabahah on gold installment products in Islamic banks. The research method used is a literature study and also observation and interviews conducted at Bank BSI KCP Cimahi Amir Mahmud while conducting a Field Professional Practice (PPL). Gold installment products are still rarely known by the public, especially gold installment products at Islamic banks. Many people still think that Islamic banks and conventional banks are the same. In fact, in practice, the differences are very real. The gold installment scheme carried out at Bank Syariah Indonesia uses a murabahah sale and purchase agreement that is in accordance with sharia principles. Likewise, the accounting treatment for gold sales and purchases at Indonesian Islamic banks must still follow the standards set by the Financial Accounting Standards Board of the Indonesian Institute of Accountants (DSAK IAI), namely PSAK 402. This study will analyze the suitability of PSAK 402 Murabahah with the practices that occur at Bank Syariah Indonesia KCP Cimahi Amir Mahmud.

Michael Giovanni Joseph; Handoyo Prasetyo; Heru Sugiyono

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the use of nominee agreements as instruments of fraud within Indonesian foundations that operate private educations.  This research focuses on how foundation organs use the foundations to buy land assets for themselves and evade liability. The problem addressed is the gap between civil‐law façade and underlying criminal intent, whereby Patrons, Management, and Supervisors transfer land ownership out of the foundation’s name through a simulated agreement called nominee contracts. The research aims to analyze how these contracts facilitate systemic fraud and to propose a legal framework for holding both individuals and the foundation itself criminally accountable. A doctrinal‐normative method is employed, involving analyses of statutory provisions (Foundation Law, the old and the new Criminal Code), internal regulations, and key court decisions (e.g., Gunung Muria University, Al‐Hilaal Ambon, Morning Star). Findings reveal that nominee agreements consistently conceal intent to defraud, that existing legal provisions are underutilized or applied piecemeal, and that criminal courts have been reluctant to dissolve offending foundations despite clear evidence of strafbaarfeit (criminal act) by the foundation. The main synthesis highlights the necessity of a consistent approach by the law enforcement and the court to interpret nominee‐based transfers as criminal acts to prevent further asset diversion. The study concludes that integrating civil and criminal frameworks, along with strengthening oversight and enabling immediate dissolution of fraudulent foundations, is essential to safeguard public interest and restore trust in the nonprofit sector.

Nawwar Shafwan Mudlaffar Aksah; Imam Fadhil Nugraha

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This paper analyzes bilateral cooperation between Indonesia and the UK in the field of cybersecurity. Cyber ​​threats are increasingly complex and require a collaborative approach that cannot be addressed independently by each country. Indonesia as a developing economy with high internet faces significant cyber dynamics, while the UK has technological advantages and mature cybersecurity experience. Using a descriptive qualitative analysis approach, this paper examines bilateral agreements, data, and related literature to understand the dynamics of this cooperation. Therefore, this paper shows that this cooperation is based on the strategic interests of both countries in maintaining regional and global security stability, as well as the rampant cyber threats in the current digital era. Indonesia chose the UK as its main partner because of its technological advantages in AI and digital innovation. This cooperation is implemented through personnel exchange mechanisms, technical training, and research and development collaboration.

Nayla Putri Abdullah; Natasya Yadila; Happy Sturaya Quratuainniza; Muh Rozi Asri; Dwi Desi Yayi Tarina

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Default refers to a situation where one party to an agreement fails to fulfill or negligently performs its obligations as stipulated in the contract between the creditor and debtor. This study examines a case of default in an employment contract, as seen in the South Jakarta District Court Decision No. 276/Pdt.G/2012/PN.Jkt.Sel, where an employee unilaterally resigned before the contract’s expiration without fulfilling the agreed-upon obligations. The research aims to analyze the legal resolution of default and the judge’s considerations in ruling on the case. Using a normative juridical method with a case study approach, the study concludes that the court ruled the defendant in default and ordered compensation as specified in the employment agreement. The judge’s decision was based on the principles of freedom of contract, pacta sunt servanda, and good faith.

Elirica Aliyah Irwan Bauw; Ema Nurkhaerani

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the issue of cross-border insolvency in the context of Indonesian bankruptcy law, particularly the limitations of national law in handling cases involving foreign elements such as assets or creditors outside Indonesia. Although Law Number 37 of 2004 contains universal principles, its implementation is hindered by Indonesia's adherence to the principle of territoriality and the absence of international agreements on mutual recognition and enforcement of foreign bankruptcy decisions. This normative legal research employs statutory and conceptual approaches to analyze the legal framework and principles relevant to cross-border insolvency. The findings show that Indonesian bankruptcy rulings currently have limited extraterritorial effect and cannot be directly enforced abroad without proper international legal instruments. To overcome these limitations, the adoption of the UNCITRAL Model Law on Cross-Border Insolvency is deemed necessary, along with efforts to establish bilateral or multilateral agreements. Such steps are expected to enhance legal certainty, protect creditors’ rights, and improve Indonesia’s insolvency regime in the context of global commerce.

Arif Budi Kusuma; Suherman Suherman

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to understand the form of intellectual property regulation that is the object of debt collateral in bank financial institutions and the form of execution of intellectual property that is the object of debt collateral in bank financial institutions in the event of default according to Government Regulation Number 24 of 2022. This study uses a normative legal research method with a statutory regulatory approach and a conceptual approach. The legal materials used include primary legal materials in the form of legislation covering intellectual property and collateral, secondary legal materials in the form of interviews with Rikson Sitorus as Chair of the Legal Analyst Working Group for Copyright and Industrial Design, DJKI, Ministry of Law and Human Rights and Muhammad Fauzy as Coordinator of Intellectual Property Facilitation II, Ministry of Tourism and Creative Economy/Baparekraf, scientific papers and related documents. The validity of legal materials is carried out by harmonizing legal materials in order to find the suitability of legal materials with the issues being answered. Based on the research results, it was found that: (1) Intellectual Property as an object that has a movable and intangible nature, the same as other property rights, can be transferred and assigned to other parties, such as being used as a credit guarantee object by the owner of the intellectual property. PP 24 of 2022 opens up opportunities for all types of IP to be used as bank collateral. (2) Execution of IP as Collateral can be carried out by; if the collateral is bound by fiduciary, it can be executed following the provisions contained in the Collateral Law, if using a contract in creative economic activities, the settlement process is carried out based on the provisions of the existing contract, if using the right to collect in creative economic activities, the right to collect can be executed by demanding payment through a legal process in accordance with the existing agreement.

Abdulloh Wasian; Nazzid Abdullah Haiyi; Umar Maulana; Muhammad Farid Anaqi; Muhammad Yoga Nur Adwitya Zain +3 more

Jurnal Manajemen Bisnis Era Digital 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This research discusses the application of musyarakah contracts as a sharia financing solution for Micro, Small and Medium Enterprises (MSMEs) in the midst of digital economic development. MSMEs have a crucial role in sustaining the Indonesian economy, but still experience difficulties in accessing fair and sustainable financing. The musyarakah agreement, with its partnership and profit-sharing principles, is considered to be in line with the character of MSMEs that prioritize cooperation and justice. Through a qualitative approach based on a literature study, this research explores the potential, regulatory challenges, and strategies to strengthen the implementation of digital musyarakah. The results of the analysis show that digitalization offers great opportunities in promoting Islamic financial inclusion, but is still constrained by low digital literacy, limited infrastructure, and weak supervision of sharia principles. Therefore, a strategy is needed that includes improving education, developing Islamic financial technology, and collaboration between regulators, financial service providers, and MSME players. This study concludes that the successful implementation of digital musyarakah requires an integrated approach so that MSMEs are able to access Islamic financing independently, fairly and sustainably.

Adeline Anindya Rusdianto

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Organization of Islamic Cooperation (“OIC”) seeks to enhance economic collaboration between its member states, as outlined in the OIC Charter. Its key efforts is the Agreement for Promotion, Protection and Guarantee of Investments among OIC Member States (“OIC Investment Agreement”), which provides safeguards for cross-border investments and outlines procedures for resolving disputes between investor-states. Article 17 of the Agreement allows for dispute resolution through conciliation or arbitration. However, the lack of a dedicated dispute resolution body and clear procedural mechanisms has led to uncertainty and differing interpretations, weakening its effectiveness. This article explores the OIC’s role in investor-state dispute settlement (ISDS) under the Investment Agreement. It highlights the need for a more structured and permanent mechanism to ensure fair and consistent resolution of ISDS cases, in alignment with the objectives of the OIC Charter.

Eugenia Kana Daniela Timang Seran; Atika Puspita Marzaman

Studi Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study investigates the geopolitical shifts that have occurred between Iran and the United States over Iran’s nuclear program and how they have impacted the stability of the Middle East region. The background of this study is the long-standing tensions caused by the United States’ suspicions about Iran’s nuclear ambitions. These suspicions triggered the JCPOA agreement in 2015 and worsened after the United States withdrew from the JCPOA in 2018. This study aims to gain an understanding of the ways in which strategic geography, threat perceptions, and foreign policy contribute to instability in the region. This study was conducted qualitatively using a descriptive-analytical approach and secondary data obtained from journals, policy reports, and international institutions. The results show that Iran uses its geographic position and support for non-state actors as strategic tools. While the United States pressures Iran through sanctions and military alliances, it also uses its geographic position. These tensions endanger security and destabilize the region. These results are important because they demonstrate the impact of regional nuclear conflicts around the world and suggest that inclusive multilateral diplomacy is needed to resolve conflicts.

Gus Hendarsih; Repa Hudan Lisalam

Moral : Jurnal kajian Pendidikan Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Profit sharing or known as profit sharing. This was done at the time of the Prophet Muhammad. In this country, we also often share profits, some with mudhorabah, musyarakah and other systems. To carry out profit sharing, several things are needed in order to get the benefits, firstly justice and honesty, secondly to avoid fraud, thirdly to avoid usury. This research uses a thematic method with regional coverage, the thematic method is in the following way; determine the theme, namely Profit Sharing in a Hadith Perspective, collect data on themes related to the title, provide a final code, analyze the data in the final code then describe the results of the data in the form of an outline. The sources of this data are primary and secondary data. The primary is dancing hadith from several diqital hadith such as Makabah Syamilah, sunnah.com and others. while the secondary is through literature. Profit Sharing is the sharing of profits from profits from companies, agriculture and others. In carrying out Profit Sharing, it requires people who have capital and people who manage it, and both of them must have an agreement, the results of the business they do will be calculated for sharing the results. Profit sharing has several types, namely: mudharabah, musyarakah, muzara'ah and musaqah and Profit sharing also has rules that we must pay attention to, namely; contracts, capital, sharing of results honestly and goods or funds to be managed must be clear.

Ang Riqko Suhendi; Iwan Setiawan

Jurnal Ilmiah Ekonomi, Akuntansi, dan Pajak 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to analyze the implementation of murabahah financing agreements and the role of internal control systems on the decision-making process for providing murabahah financing at Bank BJB Syariah KCP Lippo Cikarang. The study uses a descriptive qualitative approach with data collection techniques through observation, interviews, and documentation to relevant informants in the bank environment. The results of the study indicate that the implementation of murabahah agreements is carried out by considering sharia principles and internal bank provisions, while the internal control system plays an important role in ensuring compliance with regulations, preventing financing risks, and supporting healthy and sustainable financing decisions. These findings provide an illustration that the integration between the implementation of correct murabahah agreements and an effective internal control system can improve the quality of the financing process and reduce the risks faced by banks.

Angelina Kencana Putri; Mei Retno Adiwaty

International Journal of Entrepreneurship and Management 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

In an era of increasingly tight business competition every year, employee performance is a determining factor in the success of the TAM Syariah Cooperative as a company engaged in savings and loan services, this cooperative offers various models of savings and loan agreements according to customer needs. To improve employee performance, good human resources are needed. This study aims to analyze two important aspects of the performance of TAM Syariah Cooperative employees, namely the influence of work discipline and leadership on employee performance. The method used in this study is a quantitative method, with an analysis tool using SMART PLS. The population of this study consisted of 46 employees, and the entire population was also used as a research sample through a saturated sampling method. The findings of this study reveal that work discipline and leadership each have a positive and significant influence on employee performance, indicating that improvements in both factors can have a positive impact on productivity and work effectiveness in the company