scholarly journals The Concept of Legal Entity from the Islamic Law Perspectives

2020 ◽  
Vol 28 (4) ◽  
Author(s):  
Luqman Abdullah ◽  
Muhammad Ikhlas Rosele ◽  
Wan Marhaini Wan Ahmad
Keyword(s):  
Islamic Law ◽  
Criminal Liability ◽  
Qualitative Approach ◽  
Modern Literature ◽  
Legal Entity ◽  
Modern Times ◽  
Comprehensive Picture ◽  
The Will ◽  
English Law ◽  
A Company

Contrary to English law, classical fiqh does not have any clear discourse on the issue of the legal entity. In these modern times, however, it is important that this concept be given a jurisprudential review so that Islamic fiqh could keep abreast of the ever-changing and complex problems faced by Muslims. These include the imposition of zakat and the will on institutions and criminal liability of a company. A number of studies have been conducted on this issue and scholars have discussed their differing views. This study contributes to the literature through an analysis of the legal entity based on the views of classical and modern literature in relation to Islamic law and English law. For clarity and better understanding, the study provides a comprehensive picture of the concept by focusing on the notion of business accepted in English law. A qualitative approach had been adopted and the literature was synthesised inductively, deductively, and comparatively. The findings indicate a dichotomous view of the issues surrounding the concept of legal entity. Based on the analysis of the said discourse, it is found that such a concept has long existed and is embedded in Islamic law.

scholarly journals PRAKTIK BANK THITHIL DAN IMPLIKASINYA MENURUT PANDANGAN MASYARAKAT MUSLIM WILAYAH PERKAMPUNGAN BETHEK KOTA MALANG

IQTISHODUNA ◽  
2013 ◽  
Author(s):  
Arnanda Aji Saputra ◽  
Multifiah Multifiah
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Phenomenological Method ◽  
Legal Entity ◽  
Financial Organization ◽  
Urban Village ◽  
People’S Perception ◽  
Cultural Leaders ◽  
The Impact

The present study aimed at finding out various practices of Bank Thithil at Bethek Urban Village, Malang, along with the people’s perception and the impact of such practices towards the people’s welfare. Employing qualitative approach, this study focuses on the people’s perception, particularly those belonging to debtors trapped in Bank Thithil, such bank’s creditors, and some local cultural leaders, who lived at Bethek Urban Village, Malang. Data collection was carried out by interviews, observation and documentation. In analyzing the data, Miles Huberman’s analysis was employed which consisted of the following action: collection, reduction, display, and conclusion drawing supported by a phenomenological method which tried to capture and understand the reality. The result showed that Bank Thithil at Bethek Urban Village belonged to an informal financial organization as it was not a legal entity. As a consequence, the creditors may set rules of loan and sanctions without any reference to the legal law of financial organizations in Indonesia. The people’s perception towards Bank Thithil was various; some people felt fine with its practices because they need it and some another people strongly disagreed for some reasons, one is the prohibition on Islamic law.

PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 14 (2) ◽  
pp. 190-198
Author(s):  
Ais Surasa
Keyword(s):  
Research Methods ◽  
Money Laundering ◽  
Islamic Law ◽  
Criminal Liability ◽  
Library Research ◽  
The Will ◽  
Corporate Criminal Liability

This research aims to find out the conditions of corporate criminal liability in money laundering offences based on Islamic law perspective. This research uses library research methods. The results concluded that corporate criminal liability conditions are stipulated in Article 6 of Law No. 08 year 2010, which contains that a person with money laundering will be 4 years or more in prisoned. Islamic law states that one who commits it, will be punished in return towards the actions of “jarimah” perpetrators (as the elements fulfilled). Thus, the criminal liability is a person who can experience a shift and accept the concept of harm through determining corporate’s liability. It is because the will-have impact is greater than any crimes executed by individuals. As for the sanctions against corporations which committed money laundering are ta'zir (punishments). Keywords: Corporate Criminal Liability; Money Laundering; Islamic Law

scholarly journals Pertanggungjawaban Korporasi dalam Tindak Pidana ‎Pencucian Uang menurut Hukum Islam

2016 ◽  
Vol 2 (2) ◽  
pp. 385-407
Author(s):  
Renata Amalia
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Corporate Responsibility ◽  
Islamic Law ◽  
Criminal Liability ◽  
Legal Action ◽  
Legal Entity ◽  
Article 5 ◽  
Corporate Criminal Liability ◽  
Legal Entities

Abstract: This article highlights a corporate responsibility in the crime of money laundering in accordance with Islamic law. Corporate criminal liability set forth in article 6 of Law No. 8 of 2010 which states that in the case of money laundering as defined in Article 3, Article 4 and Article 5 committed by a corporation, crime laid against and/or personnel controlling corporation. Islamic law also recognize the existence of the legal entity or corporation. This is evidenced by the jurists who introduced treasury as the legal agency. It has rights and can take legal action but can not be burdened with responsibility because they do not have the knowledge and choice. So that if a legal agency has committed a crime then a person who should be accountable are administrators or managers of the legal agency. But there are also penalties for legal entities, such as the punishment of dissolution, destruction, eviction and foreclosure.Keywords: Corporate, money laundering, Islamic criminal law. Abstrak: Artikel ini membahas tentang pertanggungjawaban korporasi dalam tindak pidana pencucian uang menurut hukum Islam. Pertanggungjawaban pidana korporasi diatur dalam pasal 6 UU No. 8 tahun 2010 yang menyebutkan bahwa dalam hal tindak pidana pencucian uang sebagaimana dimaksud dalam pasal 3, pasal 4, dan pasal 5 dilakukan oleh korporasi, pidana dijatuhkan terhadap dan/atau personil pengendali korporasi. Hukum Islam juga mengenal adanya badan hukum atau korporasi, hal ini dibuktikan dengan para fuqaha yang mengenalkan baitul mal (perbendaharaan negara) sebagai badan hukum. Badan hukum ini mempunyai hak dan dapat melakukan tindakan hukum tetapi tidak dapat dibebani pertanggungjawaban karena tidak memiliki pengetahuan dan pilihan. Sehingga apabila badan hukum melakukan suatu tindak pidana maka yang dapat dimintakan pertanggungjawaban adalah pengurus atau pengelola badan hukum tersebut, tetapi ada pula hukuman bagi badan hukum, seperti hukuman pembubaran, penghancuran, penggusuran dan penyitaan.Kata Kunci: Korporasi, pencucian uang, hukum pidana Islam

scholarly journals UMROH AS THE REASON FOR UNILATERAL TERMINATION OF EMPLOYMENT BY PT. DARUSSALAM BERLIAN MOTOR FROM THE PERSPECTIVE OF IJĀRAH BI AL-‘AMAL (Verdict Case Study No. 1/Pdt.Sus-PHI/2019/PN Bna)

2021 ◽  
Vol 11 (1) ◽  
pp. 59
Author(s):  
Siti Azizah ◽  
Husni Mubarrak ◽  
Muslem Muslem
Keyword(s):  
Islamic Law ◽  
Qualitative Approach ◽  
Holy Land ◽  
Legal Research ◽  
Severance Pay ◽  
Applicable Law ◽  
Unilateral Termination ◽  
Work Relationship ◽  
A Company

PT. Darussalam Berlian Motor has terminated one of its employees on the grounds of performing the umroh. However the company/defendant argued that the employee/litigant had left their job without even notifying the defendant in advance. The defendat also explained that during their tenure, the litigant often made serious mistakes. On contrary, due to the serious mistakes that had been committed before, the defendant did not terminate the employment contract and the action was only taken when the litigant performed umroh in the holy land. The question in this research is how the judge considers the unilateral termination of employment experienced by the employee and what are the factors that cause the judge to grant the litigant’s claim. And how is the perspective of Ijārah bi al-‘Amal contract against the judge’s decision regardimg the grant of the litigant’s claim. In this research the authors used normative legal research method that analyzed the judge’s decree No. 1/Pdt.Sus-PHI/2019/PN Bna with qualitative approach. The judge in his decree considered thet the termination of employment on the grounds that the litigant had committed serious problems could not be considered because it was not in accordance with the applicable law. As for the factors that caused the judge to grant the litigant’s claim, due to the absence of evidence of a second PKWT contract between the litigant and the defendant, that’s why the previously PKWT contract changed to PKWTT contract. In Islamic law, when ones terminating a work relationship a company can perform fasakh through urbun which has similarities with the obligation to pay severance pay. From the explanation above, it can be concluded that unilateral termination of employment cannot be justified and does not have a string legal force.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

The Legal Status of a Company after Decision on Its Liquidation

2021 ◽  
Vol 10 (1-2) ◽  
pp. 138-152
Author(s):  
Viktoriia O. Khomenko ◽  
Leonid V. Efimenko ◽  
Valentyna A. Vasilyeva
Keyword(s):  
Market Economy ◽  
Legal Status ◽  
Court Decision ◽  
Entrepreneurial Activity ◽  
Legal Entity ◽  
State Register ◽  
Legal Position ◽  
Main Factors ◽  
A Company ◽  
Made In

Abstract Entrepreneurial activity is one of the main factors in the development of the market economy of the state, the internal and external markets of Ukraine and innovative industries. Therefore, the main purpose of this article is to analyse the peculiarities of the legal position of a company after a decision has been made to terminate it. It is established that the liquidation of legal entities is performed without the transfer of the rights and obligations of the liquidated enterprise to other persons, i.e. without succession. Upon liquidation of the enterprise, its rights and obligations are terminated. The current civil legislation does not provide for the limitation of the powers of the liquidation commission in cases of liquidation based on a court decision. It is argued that the liquidation commission be terminated when an entry on termination of the activity of a legal entity is made in the unified state register.

Implementasi Human Relations melalui Kegiatan Informal

2020 ◽  
Vol 2 (1) ◽  
pp. 81-100
Author(s):  
Lydia Hazanah ◽  
Wiryo Setiana ◽  
Dyah Rahmi Astuti
Keyword(s):  
Public Relations ◽  
Qualitative Approach ◽  
Human Being ◽  
Research Subject ◽  
Human Relations ◽  
West Java ◽  
Regional Division ◽  
The Public ◽  
A Company

Perum Perhutani Divisi Regional Jawa Barat dan Banten merupakan perusahaan atau instansi yang melaksanakan Human Relations melalui kegiatan informal, kegiatan informal tersebut dilakukan oleh Unit Seksi Humas dan Protokoler pada Bidang Ekspert Madya Komunikasi dan Pelaporan. Peneliti tertarik melakukan penelitian ini dengan tujuan untuk menetahui bagaimana gambaran impelementasi Human Relations melalui kegiatan informal di Perum Perhutani. Paradigma yang digunakan dalam penelitian ini adalah konstruktivisme yang bertujuan untuk memaknai makna-makna yang diungkapkan informan. Pendekatan yang digunakan adalah pendekatan kualitatif yang bertujuan untuk memahami fenomena yang dialami oleh subjek penelitian secara utuh. Metode yang digunakan dalam penelitian ini adalah studi kasus, karena penulis ingin mengetahi aspek “how” dan “why”yang bertujuan untuk mengetahui karakteristik setiap manusia dengan cara berinteraksi secara langsung dan mendalam. Berdasarkan hasil penelitian menunjukkan bahwa implementasi Human Relations melalui kegiatan informal tersebut menggunakan konsep POAC yaitu perencanaan (Planning), pengorganisasian (Organizing), pelaksanaan (Actuating), dan pengawasan (Controling), sehingga dalam kegiatan informal di Perum Perhutani menerapkan atau mengimplementasi Human Relations melalui kegiatan informal tersebut dengan sebaik mungkin. Implementasi yang tercipta di Perum Perhutani dapat menciptakan kenyamanan, merasa dihargai dalam melaksanakan setiap pekerjaan, sehingga dapat dipahami pula bahwa implementasi Human Relations melalui kegiatan informal di Perum Perhutani telah dilaksanakan dengan baik sehingga dapat menciptakan serta meningkatan produktivitas dalam bekerja. Perum Perhutani Regional Division of West Java and Banten is a company or agency that carries out Human Relations through informal activities, informal activities are carred out by the Public Relations and protocol section unit in the field of experts in intermediate communication and reporting. Researchers are interested in doing this research with the aim to find out how the descripyion of Human Relations implementation through informal activities in Perhutani Public Division West Java and Banten Regional Division through the concept of POAC from planning, organizing, implementing to monitoring (controlling) the activity. The paradigm used in this study is contructivism which aims to interpret the meanings expressed by informants. The approach used is a qualitative approach that aims to understand the phenomenon experienced by the research subject in its entirety. The method used in this study is a case study, because the author wants to know the “how” and “why” aspects that aim to find out the caracteristics of each human being by interacting directly and deeply. Based on the results of the study showed that the implementation of Human Relations throught informal activities using the consept of POAC namely planning, organizing, actuating, and controlling, so that in informal activities in the Perhutani public corporate to implement Human Relations throught informal activites as well as possibl. The implementation created in Perum Perhutani can create comfort, feel valued in carrying out every job, so that it can be understood also that the implementation of Human Relations throught informal activites in Perum Perhutani has been carried out properly so as to create and improve productivity in work. 

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