Risalah Hukum https://e-journal.fh.unmul.ac.id/index.php/risalah <p><strong>P-ISSN <a href="http://u.lipi.go.id/1180434291">0216-969X</a> | E-ISSN <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1594447274&amp;1&amp;&amp;">2723-3766</a></strong><br>Laman : <a href="https://e-journal.fh.unmul.ac.id/index.php/risalah">s.id/Risalah</a><br>Surel : risalahhukum@gmail.com<br>Telp. : 0541-7774145; 0541-748107; 081350004080</p> Fakultas Hukum Universitas Mulawarman en-US Risalah Hukum 0216-969X Karakteristik Akad Mudharabah Pada Transaksi Penyimpanan Dana Nasabah di Bank Syariah https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/220 <p><em>Many people assume that mudharabah savings in Islamic banks are the same as deposits in conventional banks. In contrast, mudharabah savings have their characteristics, one of which is adopting a revenue-sharing system in managing customer deposit funds. In this study, researchers used a normative method with a statutory approach and conceptual approach. The results of this study are the discovery of mudharabah contract characteristics in depositing customer funds in Islamic banks which can be seen from 6 things, namely investment deposits, legal subjects or parties, profit sharing, business risk distribution, guarantees, and fund withdrawals by the Customer.</em></p> <p><em>Keywords: Mudharabah Agreement; Depositing Customer Funds; Islamic</em></p> Siti Nur Shoimah Dyah Ochtorina Susanti Rahmadi Indra Tektona Copyright (c) 2020 Risalah Hukum 2020-06-30 2020-06-30 1 15 10.30872/risalah.v16i1.220 Penerapan Teori Conditio sine Qua Non Dalam PeristiwaTumpahan Minyak Di Teluk Balikpapan https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/147 <p><em>The theory of conditio sine qua non is known in criminal law and is important in uncovering the causal relationship in criminal acts. However, it will generate problems when applied in environmental cases such as environmental pollution caused by oil pollution in Balikpapan. This study adopts a doctrinal approach including examining the Decision of the Balikpapan District Court Number: 749/Pid.B/LH/2018/PN.BPP. The theory of conditio sine qua non is not purely applied as a process of determining accountability. This theory is only applied at the investigation stage but not at the court process although in the facts of the trial there are several factors causing the oil spill in Balikpapan Bay including those who contributed in the occurrence of this case.</em></p> <p><em>Keywords: causality, conditio sine qua non; pollution; oil spill; environment</em></p> Mawaddaturrokhmah Muhamad Muhdar Rini Apriyani Copyright (c) 2020 Risalah Hukum 2020-06-30 2020-06-30 16 33 10.30872/risalah.v16i1.147 Pertanggungjawaban Negara terhadap Pencemaran Minyak West Atlas Montara di Wilayah Laut Indonesia ditinjau dari UNCLOS 1982 https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/156 <p><em>Hydrocarbon oil and gas leakage due to explosion in The Montana Well Head Platform (PTTEP Australasia at Blok West Atlas) Australian waters (690 Km west of Darwin and 250 Km northwest of western Australia Truscott) with a spill estimate of 400 barrels/day (64 tons/day) resulted in cross-border pollution due to entering ZEE Indonesia. The purpose of this discussion is to study and analyze Thailand's position in the case of cross-border pollution due to leakage of Montara atlas oil wells in the Timor Sea. The writing method uses the type of doctrinal approach consistent with the 1982 perspective of the United Nations Convention on the Law of the Sea and relevant legal theories that will be used and constructed with the principles of legal law, principles, and doctrine. Based on Article 139 Paragraph (1) of 1982 UNCLOS, the State shall be responsible for the activities carried out in the sea area, either by the participating State, individuals, or companies of the State or legal entities or individuals who have the nationality of their country. The peaceful settlement of disputes chosen by the disputing parties can be carried out, as stipulated in Chapter XV Article 279-293 of UNCLOS 1982. The settlement of this dispute can be carried out, provided it does not cause more significant harm to the people of East Nusa Tenggara, especially the people of Rote Island.</em></p> <p><em>Keywords: pollution, cross border, responsibility</em></p> Yusnia Tika Safitri Mahendra Putra Kurnia Rika Erawati Copyright (c) 2020 Risalah Hukum 2020-06-30 2020-06-30 34 44 10.30872/risalah.v16i1.156 Problematika Hukum Penerapan Presidential Threshold dalam Pemilihan Umum di Indonesia https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/316 <p><em>Presidential Threshold is a problem because the dynamics of politics is dynamic. The number of votes gained by a political party in the last general elections will likely get the same number of votes at the time of the general elections. Moreover, the urgency of the diatity of this condition then reduce the right of everyone to get the same opportunity in the Government. Threshold of presidential nominations including open legal policy due to the source of attribution authority in the Constitution, especially in article 6A paragraph (2) and article 22E paragraph (6) of the Republic of the State law Indonesia year 1945 as a higher legal norm does not regulate or give limits to anyone who wants to run for presidential candidate and vice president.</em></p> <p><em>Keywords: constitution, general election, submission of candidate pair, threshold</em></p> Asep Wijaya Rosmini Poppilea Erwinta Copyright (c) 2020 Risalah Hukum 2020-06-30 2020-06-30 45 54 10.30872/risalah.v16i1.316 Tanggung Jawab Sriwijaya Air Terhadap Penayangan Iklan Mengandung Janji Yang Belum Pasti Pada Promo SJ Travel Pass https://e-journal.fh.unmul.ac.id/index.php/risalah/article/view/304 <p><em>Consumer protection is a guarantee that should be obtained by every consumer using goods or services. Law No. 8 of 1999 concerning Consumer Protection explains that the main factor that causes violations of consumer interests is due to the less of consumer awareness of their rights. This explains that consumers are faced with weak awareness and lack of understanding of their rights. Consumer rights and responsibilities of the company are related. Through this research will explain Sriwijaya Air's responsibility for the SJ Travel pass promo which has been detrimental to consumers because the advertisement display is not in accordance with reality. The method used in this study is normative juridical that based on existing legislation. The results of this study indicate that the Sriwijaya Air does not grant all consumer demands as a form of compensation, such as the extension of the SJ Travel Pass promo period. Consumer protection regulated in the UUPK can be said to be quite complete because it regulates the rights and obligations of consumers and business actors. The existence of consumer rights regulated in the UUPK strengthens the position of consumers to defend and fight for their rights.</em></p> <p><em>&nbsp;</em></p> <p><em>Keywords: Responsibility, Sriwijaya Air, Consumer Protection</em></p> Silmi Hanifa Sylvana Murni Deborah Hutabarat Copyright (c) 2020 Risalah Hukum 2020-06-30 2020-06-30 55 67 10.30872/risalah.v16i1.304