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Minggu, 27 Oktober 2013

LAW FIRM



The company is an economic term used in legislation to businesses and beyond to businesses . But in itself does not explain to businesses understanding the company's official term . Definitions company formally defined in Article 1 of the Act NO.3 of 1982 on compulsory list of companies . Prior to this law firm definition is not found . Therefore , the authors try to formulate a definition of law firms based on the knowledge they gained empirically .
    Molengraaff such opinion , the company is overall actions undertaken continuously , act out , to earn income , by way of trade or deliver goods or entered into commerce .
    Here is an early emergence of the term of the company, since the lifting of term traders and not traders in the book trade law Law ( businesses) then the term enterprise . It can be seen from the following passages :
1 . Article 6, paragraph 1, which suggests , every person who held companies are required to hold the notes according to the terms of the company about the state of his property and about anything related to the company , by way of the GCC so that the records held by it at any time can know all their rights and obligations .
2 . Article 16 of the Commercial code mentioned firm is a company established to run a business under the name together.
3 . Article 36 paragraph 1 KUHD argued Company Limited mepunyai not firm , and does not use the name of one or more from among the limited company , it gets its name from the only corporate purposes only.
4 . Article 76 of the Commercial code dalah commissioner who proposed organizing a company to perform the covenants in its own name or firm , and for a wage or a particular provision , the order and at the expense of the other party .
In Act 8 of 1997 on corporate documents . Mentioned company is any form of business activity ynag regularly and continuously with the aim of obtaining gains or profit , both of which held the individual or business entity incorporated or not incorporated , which is incorporated and domiciled in the territory of the Republic of Indonesia .
From the formula above , there are some things that it is necessary to note that the first , is any form of business enterprise either incorporated or unincorporated . Second, the hallmark of the company is aiming to make a profit . Third , is the company required to be registered in a trade office in the region where the company is domiciled . In the Act shall register the company has strongly defined what business entity shall be registered
[1].

            Referensi:
Muhammad Abdul Kadir, Hukum Perusahaan Indonesia. Bandung : PT. Citra Aditya
Bakti. 1999.
Sembiring Sentosa, Hukum Perusahaan. Bandung : Nuansa Aulia. 2006.
Purwosutjipto, Pengertian Pokok Hukum Dagang Indonesia. Jakarta : Katalog Dalam
terbitan (KDT). 20007.

NURUL YAQIN (11220108)


[1] Sentosa Sembiring,Hukum Perusahaan,(Bandung: Nuansa Aulia,2006),11-13.

istisna'



Transactions al - istisna ' is a sale contract between the purchaser and the manufacturer of the goods . Under this contract , the manufacturer receives orders from buyers of goods . Goods maker and work through others to make or buy the goods according to the agreed specifications and sell them to end buyers . Both sides agree on price and the payments are payments made ​​in advance , by installments or deferred until the deadline on the future .
There is a legal basis in the Qur'an : al- Baqarah verse 282
يا أيها الذين ءامنوا إذا تداينتم بدين إلي أجل مسمي فاكتبوه .......
Meaning : O those who believe if you owe a debt to the time that has been specified , then the debt write ......
Provisions istisna '
1 . payment
a. Means to pay to know the number and shape , in the form of money , goods or benefits .
b . Payments are made in accordance with the benefits
c . Payments should not be in the form of debt relief
2 . goods
a. It should be clear characteristics and can be recognized as debt
b . Specifications must be explained
c . Submission made later
d . The time and place of delivery should be determined upon agreement
e . Buyers ( mustashni ' ) may not sell goods before accepting
f . Should not be exchanged goods with similar goods except as agreed
In the event of a defect or the goods are not in agreement , the buyer has the right Khiar ( right to vote ) to continue or cancel the contract
Referensi:
Nawawi, Ismail. Fiqih Muamalah Klasik dan Kontemporer, Bogor: Ghalia Indonesia, 2012
Purnamasari, Irma Devita & Suswinarno. 2011. Akad Syariah. Bandung: Penerbit Kaifa
Syafi’antonio, Muhammad.2001. Bank Syariah. Jakarta: Gema insan press.
NURUL YAQIN (11220108)

regards financing



Salam financing is the provision of funds or bills that can be equated with that of buying and selling goods with full pay for orders in advance based on an agreement between the bank and its customers that require clients to meet its obligations in accordance with the contract . Specifications of goods when the contract is agreed greetings salam transaction . Bank regards as a buyer of goods purchased goods from the customer specifications , quality , quantity , time period , place , and the agreed price . Payment of the price by the bank to the customer must be made ​​in full at the time the contract was agreed . Payments by banks to customers should not be in the form of exemption client obligations to the bank
A. Pillars Regards
Regards the implementation must satisfy a number of pillars as following :
a. Muslam or buyer
b . Muslam ilaih or seller
c . Capital or money
d . Muslah fiihi or goods
e . Sighat or greeting

B. Terms Regards
a. Tranksaksi regards capital , capital must be known , and the receipt of payment greetings .
b . Al muslam fiihi ( items ) that is a) . Specifications and should be recognized as debt . b ) . Must be clearly identified. c ) . Delivery of goods is done in the future . d ) . Most scholars mensyarahkan delivery should be postponed to a later time . e ) . Bolehnya specify the date time in the future . f ) . Place of delivery . g ) . Fiihi muslah replacement for other goods
Referensi:
Nawawi, Ismail. Fiqih Muamalah Klasik dan Kontemporer, Bogor: Ghalia Indonesia, 2012
Purnamasari, Irma Devita & Suswinarno. 2011. Akad Syariah. Bandung: Penerbit Kaifa
Kodifikasi Produk  Perbankan Syariah
NURUL YAQIN (11220108)

peradilan tata usaha negara



1. In the general description of Act No. 5 of 1986 on the State Administrative Court explained that the Civil Procedure that is used in the Process State Administrative Procedure Law has similarities with that used in the General Court for civil matters with a few differences (Anonymous, 1986 - explanation).
(Rozali Abdullah,Hukum Acara Peradilan Tata Usaha Negara,hlm.1)

2. In terms of a trial judge adopted the State Administration is (Article 14.UPTUN):
a) Indonesian citizen.
b) devoted to God Almighty.
c) Loyal to Pancasila and the 1945 Constitution.
d) Not a former member of the banned Communist Party, including its mass organizations, or not the people involved langsug or indirectly in the Counter-revolution movement .30/PKI or other banned organizations.
e) Public Servant.
f) Law degree or another scholar who has expertise in the field of state administration.
g) as low Aged 25 years.
h) charismatic, honest, fair and of good character.
(Rozali Abdullah,Hukum Acara Peradilan Tata Usaha Negara,hlm.15)

3. The terms to be appointed as Registrar of the High Court is the State Administration (Article 29. UPTUN):
a) Indonesian citizen.
b) devoted to God Almighty.
c) Loyal to Pancasila and the 1945 Constitution.
d) Certified law degree.
e) Experience of at least 4 years as Registrar.
(Rozali Abdullah,Hukum Acara Peradilan Tata Usaha Negara,hlm.17)

4. Law of the State Administrative Court event starts from the assumption that a Board decision or Administrative Acting was always legal according hukum.Oleh Therefore, during the decision-making bodies or state administrative officials in the disputed it has not been disconnected or validity tested by Judge , and that decision must be legally valid, so that the disputed decision is still considered by law to be implemented. (Martiman, 1993:22).
(Kaligis,Praktek-Praktek Peradilan Tata Usaha Negara Di Indonesia,hlm.1)

5. Article 3 Paragraph (1) states: If the agency or the State Administrative Officer does not issue a decision, while it is a duty, it is equated with the Administrative Decision.
(Kaligis,Praktek-Praktek Peradilan Tata Usaha Negara Di Indonesia,hlm.119)

By: Wawan ferri andianto
NIM: (11220056)