scholarly journals BENTUK DAN TANGGUNGJAWAB PIHAK BANK TERHADAP DANA SIMPANAN PARA NASABAH

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 301-320
Author(s):  
Fitriah Fitriah
Keyword(s):  
Financial Institution ◽  
Civil Code ◽  
The State ◽  
The Public ◽  
Contractual Relationship ◽  
Savings Accounts ◽  
Legal Relationship ◽  
The People ◽  
Bank Secrecy ◽  
The Relationship

  A bank is a financial institution whose existence depends absolutely on the trust of its customers who entrust their savings funds. Banks are very concerned that the trust of the public, who have and who will save their funds, are well-maintained, considering that the bank is part of the financial system and payment system. Bank secrecy is very important because banks need the trust of the people who keep their money in the bank. The customer only entrusts his money to the bank or makes use of the bank's services if the bank provides a guarantee that the bank's knowledge of deposits and the state of their assets will not be misused. The legal relationship between the bank and the depository customer starts from the signing of a written agreement (contractual relationship) between the bank and the customer which contains the rights and obligations for each party. As for the form of agreement for depositing funds between the customer and the bank, it is called a deposit agreement (Article 1319 Civil Code). In a deposit agreement, the bank sets certain general requirements in a deposit account or savings account, among others, the recipient of the deposit (bank) can use the depositors' money and at a certain time the bank will provide interest. Other provisions that can be used as the basis of relations between banks and depositors are Proxy Giving. Depositors give their power to banks when signing deposit accounts or savings accounts or bank accounts. This agreement becomes a law or law for both parties (Article 1338 of the Civil Code). As a manifestation of the bank's responsibility for depositing customers, banks must pay attention to the 4 (four) pillars of the relationship between depositors and banks, namely: Prudence, Health, Bank Secrets and Trust

Pelaksanaan Jaminan Kesehatan Oleh BPJS Kesehatan Dalam Perspektif Syariah

Liquidity ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 110-118
Author(s):  
Iwan Subandi ◽  
Fathurrahman Djamil
Keyword(s):  
Health Care ◽  
Financial Institution ◽  
Social Supports ◽  
Religious Leaders ◽  
The Public ◽  
The People ◽  
The Social ◽  
Ministry Of Finance ◽  
Health Support ◽  
The Government

Health is the basic right for everybody, therefore every citizen is entitled to get the health care. In enforcing the regulation for Jaringan Kesehatan Nasional (National Health Supports), it is heavily influenced by the foreign interests. Economically, this program does not reduce the people’s burdens, on the contrary, it will increase them. This means the health supports in which should place the government as the guarantor of the public health, but the people themselves that should pay for the health care. In the realization of the health support the are elements against the Syariah principles. Indonesian Muslim Religious Leaders (MUI) only say that the BPJS Kesehatan (Sosial Support Institution for Health) does not conform with the syariah. The society is asked to register and continue the participation in the program of Social Supports Institution for Health. The best solution is to enforce the mechanism which is in accordance with the syariah principles. The establishment of BPJS based on syariah has to be carried out in cooperation from the elements of Social Supports Institution (BPJS), Indonesian Muslim Religious (MUI), Financial Institution Authorities, National Social Supports Council, Ministry of Health, and Ministry of Finance. Accordingly, the Social Supports Institution for Helath (BPJS Kesehatan) based on syariah principles could be obtained and could became the solution of the polemics in the society.

PERSOALAN KEHIDUPAN KONTEMPORER: MENGGAGAS KAJIAN SACHEDINA TENTANG THEOLOGI PLURALISME

EMPIRISMA ◽  
2017 ◽  
Vol 26 (1) ◽  
Author(s):  
Limas Dodi
Keyword(s):  
Religious Pluralism ◽  
Main Argument ◽  
Religious Groups ◽  
Common View ◽  
The Public ◽  
The People ◽  
Muslim Majority ◽  
The Common ◽  
The Relationship ◽  
Religious Differences

According to Abdulaziz Sachedina, the main argument of religious pluralism in the Qur’an based on the relationship between private belief (personal) and public projection of Islam in society. By regarding to private faith, the Qur’an being noninterventionist (for example, all forms of human authority should not be disturb the inner beliefs of individuals). While the public projection of faith, the Qur’an attitude based on the principle of coexistence. There is the willingness of the dominant race provide the freedom for people of other faiths with their own rules. Rules could shape how to run their affairs and to live side by side with the Muslims. Thus, based on the principle that the people of Indonesia are Muslim majority, it should be a mirror of a societie’s recognizion, respects and execution of religious pluralism. Abdul Aziz Sachedina called for Muslims to rediscover the moral concerns of public Islam in peace. The call for peace seemed to indicate that the existence of increasingly weakened in the religious sense of the Muslims and hence need to be reaffi rmed. Sachedina also like to emphasize that the position of peace in Islam is parallel with a variety of other doctrines, such as: prayer, fasting, pilgrimage and so on. Sachedina also tried to show the argument that the common view among religious groups is only one religion and traditions of other false and worthless. “Antipluralist” argument comes amid the reality of human religious differences. Keywords: Theology, Pluralism, Abdulaziz Sachedina

State and religion in a revolutionary era: perspectives and demands of the Islamic awakening†

2013 ◽  
Vol 6 (3) ◽  
pp. 325-340
Author(s):  
Ridwan Al-Sayyid
Keyword(s):  
Political Islam ◽  
The State ◽  
The Other ◽  
Revolutionary Era ◽  
The Public ◽  
Major Threat ◽  
Arab Uprisings ◽  
Holding Power ◽  
Main Disadvantage ◽  
The Relationship

This paper tackles the relationship between Islam and the state in light of the ongoing revolutions. It focuses on two perspectives: the Islamists' claim that the Shari'a and not the umma (community) are the source of legitimacy in the evolving regimes; and that it is the duty of the state to protect religion and apply the Shari'a. The main disadvantage of these propositions is that they preclude the Umma both from political power and Shari'a, thus pitting it against these two assets which become manipulated to its disadvantage by those holding power. On the other hand, an open-minded and reformist Islamic perspective believes in people regaining the prerogative to rule themselves, guided by their intellect and the public good. The main call for the Arab uprisings is to quit political Islam, which seems to be the major threat to religion, and dangerously divisive for societies.

Democracy and Excellence: Concord or Conflict?

2007 ◽  
Vol 40 (2) ◽  
pp. 535-537
Author(s):  
Laura Stephenson
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
Class Structure ◽  
The People ◽  
Democratic Societies ◽  
The Relationship

Democracy and Excellence: Concord or Conflict?, Joseph Romance and Neil Reimer, eds., Westport CN: Praeger, 2005, 166, pp. xiv.This volume is the product of a question, asked by Neal Reimer, about the relationship between democracy and excellence. Reimer provides background for this relationship in the first chapter, noting that it can be framed as government by the people versus standards of the good, true and beautiful. Conflict can arise between the two ideas because democracy prioritizes equality of citizens—but excellence depends upon the recognition of differentiating merit. While democracy provides citizens freedom from a limiting class structure, the lack of structure can make citizens indifferent to pursuing a noble vision of the state. Reimer argues, however, that there is a fundamental harmony between democracy and excellence and that examples of excellence in democratic societies (such as the United States) are many. It is possible and likely that democratic societies will attain excellence in practice.

Jainism in Danger? Temple entry and the rhetoric of religion and reform in post-colonial India

2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Post Colonial ◽  
Colonial India ◽  
The Public ◽  
Public Debates ◽  
Definition Of ◽  
Open The Doors ◽  
The Relationship

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.

Partnerships, Power, and Scale in Rural Governance

10.1068/c12m ◽  
2001 ◽  
Vol 19 (2) ◽  
pp. 289-310 ◽  
Author(s):  
Bill Edwards ◽  
Mark Goodwin ◽  
Simon Pemberton ◽  
Michael Woods
Keyword(s):  
Development Policy ◽  
The State ◽  
State Agencies ◽  
Working Relationships ◽  
Politics Of Scale ◽  
The Public ◽  
Rural Governance ◽  
Local Actors ◽  
Rural Development Policy ◽  
The Relationship

Partnerships have become established as a significant vehicle for the implementation of rural development policy in Britain. In promoting new working relationships between different state agencies and between the public, private, and voluntary sectors, partnerships have arguably contributed to a reconfiguration of the scalar hierarchy of the state. In this paper we draw on recent debates about the ‘politics of scale’ and on empirical examples from Mid Wales and Shropshire to explore the scalar implications of partnerships. We investigate how discursive constructs of partnership are translated into practice, how official discourses are mediated by local actors, the relationship between partnerships and existing scales of governance, and the particular ‘geometry of power’ being constructed through partnerships. We argue that the existing scalar hierarchy of the state has been influential in structuring the scales and territories of partnerships, and that, despite an apparent devolution of the public face of governance, the state remains crucial in governing the process of governance through partnerships.

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals Merebaknya Intoleransi (Hate Speech dan Hate Crime) dalam Politik Indonesia

2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin
Keyword(s):  
Hate Crime ◽  
Hate Speech ◽  
The State ◽  
Political Order ◽  
New Order ◽  
The People ◽  
Technical Issues ◽  
The Government ◽  
The Relationship

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

scholarly journals KONSEP WELLFARE STATE DI INDONEISA

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi
Keyword(s):  
Social Security ◽  
Welfare State ◽  
Social Services ◽  
The State ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
Market Economy System ◽  
Economy System

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 

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