gemala dewi - Academia.edu (original) (raw)

Papers by gemala dewi

Asy-Syari'ah, Sep 2, 2022

This study aims to describe the authority of a non-muslim notary in making a sharia banking deed ... more This study aims to describe the authority of a non-muslim notary in making a sharia banking deed and the validity of the deed if the notary who makes and reads the deed is a non-muslim. Through Jurisdical-normative approach, this research found that basically a notary, whether they are moslem or non-moslem, has an authority granted by the Act to make a deed, including sharia banking deed. The most important thing, the notary is able to understand and apply all the principles of Islamic banking as part of sharia economic law. For this reason, Sharia Banking Deed made and read by a non-Muslim Notary remains valid as long as it is based on the Act of Notary. However, according to Islamic Law, regarding to al-Baqarah verse 282 and At-Talaq verse 2, the Sharia Banking Deed is invalid if the deed is drawn up and read by a non-Muslim Notary.

Advances in social science, education and humanities research, 2021

Sharia mutual fund investment carries risks so that the investment manager in carrying out the ta... more Sharia mutual fund investment carries risks so that the investment manager in carrying out the task of managing investor funds in addition to maximizing returns is also obliged to ensure that the benefits received by the customer are truly in line with sharia rules. The implementation of investment transactions in sharia mutual funds must be carried out according to the prudential principle (al-ihtiyathi) based on the rules set out in Fatwa No. 20/DSN-MUI/IV/2001 about Investment Implementation Guidelines for Sharia Mutual Funds. Whereas in POJK No. 24/POJK.04/2014 about Guidelines for Implementation of Investment Manager Functions, it is stated that the application of prudential principles is carried out by taking into account investment risks and the clear division of authority in determining the no. of transactions. Then mentioned in POJK No. 61/POJK.04/2016 about the Application of Sharia Principles in the Capital Market to Investment Managers that the application of sharia principles is carried out in two ways, the establishment of sharia investment managers and sharia investment management units. The application of this prudential principle is not explicitly explained in the regulation so that it contains an element of uncertainty related to being in force of prudential principles in the application of sharia principles. This research is a normative juridical analysis of how the prudential principle implemented in sharia mutual fund investment managers. Based on the results of the research that the application of the prudential principle (al-ihtiyathi) must be applied to start from the institutions, management methods, and services including sharia compliance obligations and laws.

The Galombang duo baleh dance is a Minangkabau traditional dance. It was born in 1962. It started... more The Galombang duo baleh dance is a Minangkabau traditional dance. It was born in 1962. It started at Gelombang arts in 1932. The dance will be presented by dancers for welcoming an honored guest. At the beginning of history, men were the main role of the Galombang duo baleh dance. Time by time, Women also took apart for presenting the dance. In this article, we aimed to discuss the function transformation of the dance from men dancer to women dancer. We used a qualitative study for analysis with a performance approach study. The changing process analysis managed multidisciplinary knowledge such as sociology and anthropology. We collected data through documented interview observation and library review. The function transformation was influenced by changes in the times. The community was more interested in a dance performance by women than men.

Routledge eBooks, Nov 14, 2017

Advances in social science, education and humanities research, 2021

The era that is all modern and easy to transact has influenced the pattern of people's lives in v... more The era that is all modern and easy to transact has influenced the pattern of people's lives in various aspects, one of which is the economic aspect. At present, various goods and services are traded through the application. Make an innovation to trade the Sharia Mutual Fund display effects through an online application. However, it relates to the application of sharia principles in the sale of Sharia Mutual Funds through the application. Related, this sales transaction can be a transaction that is in accordance with the approved sharia has applied sharia principles and principles. The method used in this study is juridical-normative using primary legal materials and secondary data in data usage. In addition, secondary data will also be supported by data from interviews with several speakers in 2 (two) cities, namely DKI Jakarta and Surabaya. This study discusses analyzing invitational regulations in Indonesia which discusses the sale of Sharia Mutual Funds through the application and analyzes using sharia principles in the sale of Sharia Mutual Funds through online applications.

Surya Kencana Satu, Apr 27, 2022

prenuptial agreement in a mixed marriage. This study is a normative juridical study by conducting... more prenuptial agreement in a mixed marriage. This study is a normative juridical study by conducting literature study and analysis on the prevailing laws and regulations. The result of this study shows that the failure to register such prenuptial agreement does not affect the legal binding of the prenuptial agreement, however such prenuptial agreement may not fulfill the publicity principle which may affect to third party.

This research discusses the information technology-based financing implemented by sharia financin... more This research discusses the information technology-based financing implemented by sharia financing company (PT Ammana Fintek Syariah). Information technology-based financing services on the one hand provide benefits as an alternative financing for consumers and MSME entrepreneurs, but on the other hand, they contain high risks considering that financing providers and financing recipients do not know each other and have never met. The study aims to examine legal protection principles and risk mitigation for consumers in peer-to-peer lending based on Sharia Law and Indonesian legislation. This research will analyze those problems by applying normative-juridical and qualitative research methods. This study found that the standard contract made unilaterally by the financial technology company does not protect consumer rights. The Indonesian Financial Services Authority Regulation No. 77/POJK.01/2016 regarding Information Technology-Based Lending Service is not sufficient as a legal basis of customer protection. The regulation contains many weaknesses, such as it does not regulate on sharia peer-to-peer lending. It creates a legal vacuum and legal uncertainty to Muslim consumers. Therefore, POJK No. 77/POJK.01/2016 has to be amended to accommodate the interest of Muslim consumers and this sharia financial technology company.

The Collaborative Economy has been understood to be in condition when products, services, and mar... more The Collaborative Economy has been understood to be in condition when products, services, and market relationships have changed as sharing startups impact business models. It is growing fast in various subjects including in financial needs where people called as crowdfundings. To avoid disruption, companies must adopt the Collaborative Economy Value Chain, which in sharia business can be taken from Islamic teachings. In the history of Islam at the early 7 th century, the Islamic state has found a "social security system" which they call as takaful ijtima'i. The Social security in Islam (takaful ijtima'i) is a social obligation (fardhu kifayah), which brings responsibility for muslims, as far they are able, to help each other, and state, as public entity, has a duty to ensure that such responsibility is implemented properly in any aspect including in private business. Inside at-takaful institution contained the spirit to help each other as part of whole society. Then, the spirit to help each other was made become a basic principle in sharia insurance institution (at-takaful al-ijtima'i). In its concept and practice, takaful ijtima'i system, for Indonesia context, could potentially be developed further. How the takaful ijtima'i can be as an alternative insurance system to reconstructing collaborative economy in Indonesia, is the problem that will be elaborated in this paper. This paper will focus on takaful ijtima'i with wakaf and musyarakah model, and it will be seen and placed as alternative sharia insurance system in the future, especially in Indonesia context. With the protecting each other characteristic has been used as basic principles in institutions, can be seen that the system called sharia insurance or at-takaful al-ijtima'i.or Takaful Ijtima'i can be used as an alternative insurance system to reconstructing collaborative economy in Indonesia.

Indonesian Journal of International Law, Oct 31, 2017

This article discusses about the extent of readiness of the government regulation to meet the nee... more This article discusses about the extent of readiness of the government regulation to meet the need of Islamic investment in the field of banking in Indonesia and Turkey, especially how legal protection to the banks and the customers in implementing sharia investment in both countries. This article is based on normative legal research, descriptive comparative through analysis the literature and regulatory provisions in force in the two countries. It is concluded that both Indonesia and Turkey have an arrangements of legislation and procedures in which guarantees the legal protection for every parties to apply islamic contract law through its secular legislation system. Depending on the customers would need to seek an appropriate mechanism in sharia based on freedom of contract. The difference is that in the legal systems being used also has differences, in which Indonesia has such a specific sources of law in which regulating the syariah principles. On the other hand Turkey does not.

Indonesian Journal of International Law, Apr 30, 2011

KnE Social Sciences, Mar 31, 2019

Humans are created as social beings to help one another between human beings. This concept is car... more Humans are created as social beings to help one another between human beings. This concept is carried out by the insurance based on sharia principles. The principles in general is the concept of mutual help where a group of people help each other, mutually guarantee, and work together, with each way out of tabarru funds. Insurance companies generally still have some very typical problems, namely insurance technical problems and unexpected factors that greatly affect the business. This problems might end up in the bankruptcy as it is happened as PT Asuransi Syariah Mubarakah (The ASM Co, Ltd) which issettled by verdict of The Commercial Court judge Number 1016 K/Pdt.Sus-Bankrupt/2016. The purpose of this research is to know the difference between Insolvency or Bankruptcy of conventional financial institution and Sharia Financial institution in the court decision in daily application; to know is there any relevance of the Religious Court in responding to Bankruptcy Cases instead of Commercial Court in Indonesian legal system. With no clarity on the position of the Bankruptcy Case (Taflis) in the authority of the Religious Courts, to find out what matters need to be prepared in the perspective of Islamic economoc law application. The result shows there are main differences between the characteristics of the financial institutions, however the court decision shows no deference according to the law order. The Supreme Court Judge consider the bankruptcy so as to provide legal certainty to the creditors of The ASM Co.Ltd. while the core of the contract itself did not in its consideration. That is why the conclusion needs the eligibility of Re ligious Court to decide the sharia insurance insolvency dispute settlements.

Skripsi ini disusun berdasarkan basil penelitian yang telah dilakukan penulis untuk menjawab pert... more Skripsi ini disusun berdasarkan basil penelitian yang telah dilakukan penulis untuk menjawab pertanyaan apakah komisi penjualan paket investasi, asbreaker~ dan bonus penjuaJan produk mempunyai pengaruh yang bermakna terbadap semangat kerja karyawan bagian marketing PT. Inter Pacific Trust, Surabaya, dan &pakab asbreaker merupakan variable yang mempunyai pengaruh dominan teJhadap semangat kerja karyawan bagian marketing PT. Inter Pacific Trust, Surabaya dengan mengambil sample sebanyak 35 orang. Dari perhitungan melalui program SPSS versi 11.00 diperoleh nilai F hitung (36.064 »F table (2,92) pada taraf nyata a. = 0.05 yang menunjukkan bahwa upah insentif komisi penjualan paket investasi, as breaker. dan bonus penjualan produk secara bersama-sama mempunyai pengaruh yang bermakna terhadap semangat Kerja karyawan. Besamya nHai koefisien korelasi (multiple R) adaJah sebesar 0,882 yang menunjukkan adanya indikasi bubungan positif yang kuat antara variable kebijakan insentif deogan variable semangat kerja karyawan dan niw koefisien determinasi (R2) adalah sebesar 0,777 yang menunjukkan bahwa variable pemberian insentif memiliki pengaruh terbadap semangat kerja karyawan sebesar 77~?% dan sisanya 22,,3% disebabkan oleb faktor-faktor lain yang berasa1 dari luar variable yang diamati. Sedangkan nilai T hitung dari kebijakan insentif yang terdiri dari komisi penjuaJan paket investasi (4,203). asbreaker (4,504), bonus penjualan produk (2,843) yang apabila dibandingkan dengan T table (2,04) mw komisi penjualan J8ket investasi, asbreaker. bonus penjualan produk, secara parsial mempunyai pengaruh terbadap semangat kerja karyawan. Untuk mengetahui yang paling berpengarub dilihat dengan membandingkan koefisien determinasi parsialnya r2 semakin besar r2 menunjukkan dominannya variable bebas tersebut terhadap semangat kerja karyawan. Dari perhitungan masingmasing (l diperoleh hasil bahwa faktor-faktor kepuasan kerja yang dominan adalah asbreaker (0,629) paling besar kemudian komisi penjualan plket investasi (0,,602) dan bonus penjualan produk (0,467).

Indonesian Journal of International Law, 2013

Asy-Syari'ah, Sep 2, 2022

This study aims to describe the authority of a non-muslim notary in making a sharia banking deed ... more This study aims to describe the authority of a non-muslim notary in making a sharia banking deed and the validity of the deed if the notary who makes and reads the deed is a non-muslim. Through Jurisdical-normative approach, this research found that basically a notary, whether they are moslem or non-moslem, has an authority granted by the Act to make a deed, including sharia banking deed. The most important thing, the notary is able to understand and apply all the principles of Islamic banking as part of sharia economic law. For this reason, Sharia Banking Deed made and read by a non-Muslim Notary remains valid as long as it is based on the Act of Notary. However, according to Islamic Law, regarding to al-Baqarah verse 282 and At-Talaq verse 2, the Sharia Banking Deed is invalid if the deed is drawn up and read by a non-Muslim Notary.

Advances in social science, education and humanities research, 2021

Sharia mutual fund investment carries risks so that the investment manager in carrying out the ta... more Sharia mutual fund investment carries risks so that the investment manager in carrying out the task of managing investor funds in addition to maximizing returns is also obliged to ensure that the benefits received by the customer are truly in line with sharia rules. The implementation of investment transactions in sharia mutual funds must be carried out according to the prudential principle (al-ihtiyathi) based on the rules set out in Fatwa No. 20/DSN-MUI/IV/2001 about Investment Implementation Guidelines for Sharia Mutual Funds. Whereas in POJK No. 24/POJK.04/2014 about Guidelines for Implementation of Investment Manager Functions, it is stated that the application of prudential principles is carried out by taking into account investment risks and the clear division of authority in determining the no. of transactions. Then mentioned in POJK No. 61/POJK.04/2016 about the Application of Sharia Principles in the Capital Market to Investment Managers that the application of sharia principles is carried out in two ways, the establishment of sharia investment managers and sharia investment management units. The application of this prudential principle is not explicitly explained in the regulation so that it contains an element of uncertainty related to being in force of prudential principles in the application of sharia principles. This research is a normative juridical analysis of how the prudential principle implemented in sharia mutual fund investment managers. Based on the results of the research that the application of the prudential principle (al-ihtiyathi) must be applied to start from the institutions, management methods, and services including sharia compliance obligations and laws.

The Galombang duo baleh dance is a Minangkabau traditional dance. It was born in 1962. It started... more The Galombang duo baleh dance is a Minangkabau traditional dance. It was born in 1962. It started at Gelombang arts in 1932. The dance will be presented by dancers for welcoming an honored guest. At the beginning of history, men were the main role of the Galombang duo baleh dance. Time by time, Women also took apart for presenting the dance. In this article, we aimed to discuss the function transformation of the dance from men dancer to women dancer. We used a qualitative study for analysis with a performance approach study. The changing process analysis managed multidisciplinary knowledge such as sociology and anthropology. We collected data through documented interview observation and library review. The function transformation was influenced by changes in the times. The community was more interested in a dance performance by women than men.

Routledge eBooks, Nov 14, 2017

Advances in social science, education and humanities research, 2021

The era that is all modern and easy to transact has influenced the pattern of people's lives in v... more The era that is all modern and easy to transact has influenced the pattern of people's lives in various aspects, one of which is the economic aspect. At present, various goods and services are traded through the application. Make an innovation to trade the Sharia Mutual Fund display effects through an online application. However, it relates to the application of sharia principles in the sale of Sharia Mutual Funds through the application. Related, this sales transaction can be a transaction that is in accordance with the approved sharia has applied sharia principles and principles. The method used in this study is juridical-normative using primary legal materials and secondary data in data usage. In addition, secondary data will also be supported by data from interviews with several speakers in 2 (two) cities, namely DKI Jakarta and Surabaya. This study discusses analyzing invitational regulations in Indonesia which discusses the sale of Sharia Mutual Funds through the application and analyzes using sharia principles in the sale of Sharia Mutual Funds through online applications.

Surya Kencana Satu, Apr 27, 2022

prenuptial agreement in a mixed marriage. This study is a normative juridical study by conducting... more prenuptial agreement in a mixed marriage. This study is a normative juridical study by conducting literature study and analysis on the prevailing laws and regulations. The result of this study shows that the failure to register such prenuptial agreement does not affect the legal binding of the prenuptial agreement, however such prenuptial agreement may not fulfill the publicity principle which may affect to third party.

This research discusses the information technology-based financing implemented by sharia financin... more This research discusses the information technology-based financing implemented by sharia financing company (PT Ammana Fintek Syariah). Information technology-based financing services on the one hand provide benefits as an alternative financing for consumers and MSME entrepreneurs, but on the other hand, they contain high risks considering that financing providers and financing recipients do not know each other and have never met. The study aims to examine legal protection principles and risk mitigation for consumers in peer-to-peer lending based on Sharia Law and Indonesian legislation. This research will analyze those problems by applying normative-juridical and qualitative research methods. This study found that the standard contract made unilaterally by the financial technology company does not protect consumer rights. The Indonesian Financial Services Authority Regulation No. 77/POJK.01/2016 regarding Information Technology-Based Lending Service is not sufficient as a legal basis of customer protection. The regulation contains many weaknesses, such as it does not regulate on sharia peer-to-peer lending. It creates a legal vacuum and legal uncertainty to Muslim consumers. Therefore, POJK No. 77/POJK.01/2016 has to be amended to accommodate the interest of Muslim consumers and this sharia financial technology company.

The Collaborative Economy has been understood to be in condition when products, services, and mar... more The Collaborative Economy has been understood to be in condition when products, services, and market relationships have changed as sharing startups impact business models. It is growing fast in various subjects including in financial needs where people called as crowdfundings. To avoid disruption, companies must adopt the Collaborative Economy Value Chain, which in sharia business can be taken from Islamic teachings. In the history of Islam at the early 7 th century, the Islamic state has found a "social security system" which they call as takaful ijtima'i. The Social security in Islam (takaful ijtima'i) is a social obligation (fardhu kifayah), which brings responsibility for muslims, as far they are able, to help each other, and state, as public entity, has a duty to ensure that such responsibility is implemented properly in any aspect including in private business. Inside at-takaful institution contained the spirit to help each other as part of whole society. Then, the spirit to help each other was made become a basic principle in sharia insurance institution (at-takaful al-ijtima'i). In its concept and practice, takaful ijtima'i system, for Indonesia context, could potentially be developed further. How the takaful ijtima'i can be as an alternative insurance system to reconstructing collaborative economy in Indonesia, is the problem that will be elaborated in this paper. This paper will focus on takaful ijtima'i with wakaf and musyarakah model, and it will be seen and placed as alternative sharia insurance system in the future, especially in Indonesia context. With the protecting each other characteristic has been used as basic principles in institutions, can be seen that the system called sharia insurance or at-takaful al-ijtima'i.or Takaful Ijtima'i can be used as an alternative insurance system to reconstructing collaborative economy in Indonesia.

Indonesian Journal of International Law, Oct 31, 2017

This article discusses about the extent of readiness of the government regulation to meet the nee... more This article discusses about the extent of readiness of the government regulation to meet the need of Islamic investment in the field of banking in Indonesia and Turkey, especially how legal protection to the banks and the customers in implementing sharia investment in both countries. This article is based on normative legal research, descriptive comparative through analysis the literature and regulatory provisions in force in the two countries. It is concluded that both Indonesia and Turkey have an arrangements of legislation and procedures in which guarantees the legal protection for every parties to apply islamic contract law through its secular legislation system. Depending on the customers would need to seek an appropriate mechanism in sharia based on freedom of contract. The difference is that in the legal systems being used also has differences, in which Indonesia has such a specific sources of law in which regulating the syariah principles. On the other hand Turkey does not.

Indonesian Journal of International Law, Apr 30, 2011

KnE Social Sciences, Mar 31, 2019

Humans are created as social beings to help one another between human beings. This concept is car... more Humans are created as social beings to help one another between human beings. This concept is carried out by the insurance based on sharia principles. The principles in general is the concept of mutual help where a group of people help each other, mutually guarantee, and work together, with each way out of tabarru funds. Insurance companies generally still have some very typical problems, namely insurance technical problems and unexpected factors that greatly affect the business. This problems might end up in the bankruptcy as it is happened as PT Asuransi Syariah Mubarakah (The ASM Co, Ltd) which issettled by verdict of The Commercial Court judge Number 1016 K/Pdt.Sus-Bankrupt/2016. The purpose of this research is to know the difference between Insolvency or Bankruptcy of conventional financial institution and Sharia Financial institution in the court decision in daily application; to know is there any relevance of the Religious Court in responding to Bankruptcy Cases instead of Commercial Court in Indonesian legal system. With no clarity on the position of the Bankruptcy Case (Taflis) in the authority of the Religious Courts, to find out what matters need to be prepared in the perspective of Islamic economoc law application. The result shows there are main differences between the characteristics of the financial institutions, however the court decision shows no deference according to the law order. The Supreme Court Judge consider the bankruptcy so as to provide legal certainty to the creditors of The ASM Co.Ltd. while the core of the contract itself did not in its consideration. That is why the conclusion needs the eligibility of Re ligious Court to decide the sharia insurance insolvency dispute settlements.

Skripsi ini disusun berdasarkan basil penelitian yang telah dilakukan penulis untuk menjawab pert... more Skripsi ini disusun berdasarkan basil penelitian yang telah dilakukan penulis untuk menjawab pertanyaan apakah komisi penjualan paket investasi, asbreaker~ dan bonus penjuaJan produk mempunyai pengaruh yang bermakna terbadap semangat kerja karyawan bagian marketing PT. Inter Pacific Trust, Surabaya, dan &pakab asbreaker merupakan variable yang mempunyai pengaruh dominan teJhadap semangat kerja karyawan bagian marketing PT. Inter Pacific Trust, Surabaya dengan mengambil sample sebanyak 35 orang. Dari perhitungan melalui program SPSS versi 11.00 diperoleh nilai F hitung (36.064 »F table (2,92) pada taraf nyata a. = 0.05 yang menunjukkan bahwa upah insentif komisi penjualan paket investasi, as breaker. dan bonus penjualan produk secara bersama-sama mempunyai pengaruh yang bermakna terhadap semangat Kerja karyawan. Besamya nHai koefisien korelasi (multiple R) adaJah sebesar 0,882 yang menunjukkan adanya indikasi bubungan positif yang kuat antara variable kebijakan insentif deogan variable semangat kerja karyawan dan niw koefisien determinasi (R2) adalah sebesar 0,777 yang menunjukkan bahwa variable pemberian insentif memiliki pengaruh terbadap semangat kerja karyawan sebesar 77~?% dan sisanya 22,,3% disebabkan oleb faktor-faktor lain yang berasa1 dari luar variable yang diamati. Sedangkan nilai T hitung dari kebijakan insentif yang terdiri dari komisi penjuaJan paket investasi (4,203). asbreaker (4,504), bonus penjualan produk (2,843) yang apabila dibandingkan dengan T table (2,04) mw komisi penjualan J8ket investasi, asbreaker. bonus penjualan produk, secara parsial mempunyai pengaruh terbadap semangat kerja karyawan. Untuk mengetahui yang paling berpengarub dilihat dengan membandingkan koefisien determinasi parsialnya r2 semakin besar r2 menunjukkan dominannya variable bebas tersebut terhadap semangat kerja karyawan. Dari perhitungan masingmasing (l diperoleh hasil bahwa faktor-faktor kepuasan kerja yang dominan adalah asbreaker (0,629) paling besar kemudian komisi penjualan plket investasi (0,,602) dan bonus penjualan produk (0,467).

Indonesian Journal of International Law, 2013