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Full-Text Articles in Legal History

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana Jul 2022

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …


Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi Jul 2022

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …


Awal Mula Ide Pilihan Hukum: Sebuah Narasi Sampai Abad Ke-19 (The Genesis Of Choice Of Law: A Narrative Up To The 19th Century), Priskila Pratita Penasthika Dec 2019

Awal Mula Ide Pilihan Hukum: Sebuah Narasi Sampai Abad Ke-19 (The Genesis Of Choice Of Law: A Narrative Up To The 19th Century), Priskila Pratita Penasthika

Jurnal Hukum & Pembangunan

The historical background of contractual choice of law is still hardly discussed in the literature of Indonesian private international law. The available literature merely focuses on the scope and limitation of the choice of law. The choice of law is accepted and discussed as a widely acknowledged doctrine without sufficiently addressing its origin and evolvement until it became the concept as we understand to date. Employing an exposition through the academic literature, this article studies the narrative that began the idea of contractual choice of law up to the end of the 19th century as an intricate idea in private …


Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir Aug 2015

Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir

Indonesia Law Review

Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, …