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All Journal Jurnal Media Hukum Batulis Civil Law Review SASI
Alfurqon, Fe Fikran
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Law, Crime, Criminology & Criminal Justice

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Musyarakah Mutanaqisah: Strengthening Islamic Financing in Indonesia and Addressing Murabahah Vulnerabilities Asyiqin, Istianah Zainal; Alfurqon, Fe Fikran
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.20897

Abstract

The article analyses to examine the practice of murabahah and musyarakah mutanaqisah financing in sharia banking in Indonesia. Islamic finance plays an important role in the Indonesian economy, contributing to financial inclusion and encouraging ethical practices and sharia compliance. Among the various Islamic financing models, musyarakah mutanaqisah has become famous as an alternative to conventional financing methods. The aticle method used is qualitative research with secondary data and doctrinal legal study methods. This article uses sustainable product innovation, modernization, and compliance with sharia principles. The results of the article found that the implementation of murabahah has several weaknesses, including: it is considered not in accordance with sharia, the nature of the contract is fixed, the down payment for sharia housing loans by murabahah is high, it is based on sharia, and cannot be used for refinancing, takeovers, and securing assets. The advantages of musyarakah mutanaqisah can be a solution to murabahah's weaknesses, because musyarakah mutanaqisah is safe according to sharia, suitable for long-term financing, down payments for sharia mortgages by musyarakah mutanaqisah are low, and according to sharia, musyarakah mutanaqisah can also be used for refinancing, takeovers and securing assets.
Limitations of Guardians' Legal Acts in the Management of Children's Assets Damayanti, Rima Fitrilia Puspita; Akib, Ma'ruf; Fadjriah, Ismi; Umar, Wahyudi; Alfurqon, Fe Fikran
Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i1.2868

Abstract

Introduction: This article explores the limitations of guardians' legal authority in managing children's assets, emphasizing the importance of protecting minors from potential abuses by guardians.Purposes of the Research: The purpose of this study is to analyze the legal framework governing guardianship in Indonesia, focusing on the responsibilities and limitations imposed on guardians in asset managementMethods of the Research: This research employs a normative legal approach, analyzing statutes and legal principles, particularly from the Civil Code, to understand the scope of guardianship and its implications for children's welfare.Results Main Findings of the Research: The findings reveal critical gaps in the guardianship system, highlighting the need for enhanced oversight and accountability measures. This research contributes to existing knowledge by proposing legal reforms that ensure guardians act in the best interests of children, thereby advancing protective legal frameworks.
E-Commerce Dispute Resolution Through Online Dispute Resolution Dg. Takenang, Jusman; Akib, Ma'ruf; Sudirman, Sudirman; Umar, Wahyudi; Alfurqon, Fe Fikran
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2865

Abstract

Introduction: The rapid growth of the e-commerce industry has brought significant economic benefits. Still, it also raises challenges regarding dispute resolution that is efficient, fair and meets the needs of all parties.Purposes of the Research: This study aims to examine and analyze the use of Dispute Resolution in E-commerce (Electronic Commerce) through the Online Dispute Resolution (ODR) mechanism as a solution to provide easier and faster access to justice in the context of online business transactions.Methods of the Research This study uses doctrinal legal research with a statute and conceptual approach. It uses primary legal materials that are authoritative and binding, such as laws and regulations, and secondary legal materials. This study uses legal interpretation techniques as analysis techniques.Results of the Research: The results of this study are expected to provide deeper insight into the potential of ODR in handling e-commerce disputes and its impact on access to justice for all parties involved. This research can also provide recommendations to the government, the e-commerce industry, and other relevant institutions to consider and develop a better framework for integrating ODR in e-commerce dispute resolution to ensure fairness and satisfaction of online businesses.
Co-Authors Akib, Ma'ruf Asyiqin, Istianah Zainal Damayanti, Rima Fitrilia Puspita Dg. Takenang, Jusman Ismi Fadjriah Hamzah Sudirman Sudirman Wahyudi Umar