Islamic Economic Law Research Articles

The Contract of the Social Security Agency for Employment (BPJS Ketenagakerjaan) in The Perspective of Sharîa Economic Law

In providing social security, the government requires all Indonesian workers to become members of the BPJS Employment. However, because the majority of the population is Muslim who live based on the laws of the Qur'an and Sunnah, it is necessary to review whether the BPJS Employment has fulfilled the syarî'ah economic law or not. By applying the method of normative legal research and interview techniques to parties concerned, this study concludes that the contract of the BPJS Employment program does not deviate from the sharia economic law (Islamic economic law) because, in the compensation on accident during the work program (JKK) it can be categorized as tabarru’ contract which only applies to virtue. The Death Insurance program (JKM) is an implementation of at-takmin at-ta’âwuniy, which is ta’âwun in a tabarru’ conrract. As for the Old Age security program (JHT), it’s concept is similar to the contract of mudlârabah musytarakah. The same goes for the Pension Insurance (JP) program as a transition from the contract for wârits.

Murabaha Dispute Settelement In A Sharia Rural Bank of Klaten

In August 2018 the Religious Court accepted the Sharia Rural Bank Al-Mabrur, located in the city of Klaten, application as plaintiff under number 1135 / Pdt.G / 2018 / PA / Klt. They sued Tri Suyatmi and Panut Basuki, for their violation of disobeying the Murabaha contract number: 2414 / APJBM / AL MABRUR / VI / 2017. Based on the case above, a review of decision number 1135 / Pdt.g / 2018 / PA.Klt will be examined. In this article, we will review first of all, what is the basis for the consideration of the Klaten Religious Court judges in completing case number 1135 / Pdt.g / 2018 / PA.Klt. Secondly, Is the Religious Court judge's decision regarding the Murabaha contract in the Sharia Rural Bank Al-Mabrur in accordance with the DSN-MUI Fatwa? This research is a type of qualitative research, which uses an evaluative method that is by measuring certain benefits and activities, as well as collecting and analyzing data systematically to determine the value or benefits of the contents of decision file number 1135 / Pdt.g / 2018 / PA.Klt. The data were obtained from observations, interviews with Judges and Clerks of the Klaten Religious Court, and documents in the Religious Courts. Based on the results of the study it can be concluded that: 1) Judge's decision on case number 1135 / Pdt.g / 2018 / PA.Klt is to declare legal Murabaha contract number 2414 / APJBM / AL MABRUR / VI / 2017, 2) Defendant is proven to have defaulted and must pay material compensation of Rp. 36,269,864 and pay the costs of the case, 3) The legal basis used by the Panel of Judges in setting decisions is in accordance with Islamic Economic Law, namely using the Fatwa of the Sharia Council of the Indonesian Ulema Council (DSN-MUI) concerning the Murabaha contract

Penyelesaian Sengketa Akad Pembiayaan Murabahah Menurut Hukum Ekonomi Syariah (Analisis Putusan Pengadilan Agama Mataram Nomor 0508/PDT.G/2016/PA.MTR

This research discusses the Decision of the Mataram Religious Court Number 0508/Pdt.G/2016/PA. Mtr on how the judges resolved the issue of the dispute over the murabahah financing contract in the Mataram Religious Court. In analyzing the problem the author uses the theories of Islamic Economic Law as the basis of the analysis. the main issues that will be answered through this research include: (1) What is the judge's decision in case number 0508/Pdt.G/2016/PA. Mtr concerning the settlement of disputes in murabahah financing contracts according to the theory of Islamic Economics Law? (2) How is the judge's decision in case number 0508/Pdt.G/2016/PA. Mtr concerning the settlement of disputes in murabahah financing contracts according to the principle of justice in Sharia Economic Law? When viewed from the method of data collection, this type of research includes the type of library research because the data collection techniques that the authors chose in this study is techniques of collecting data through the documentation method. In analyzing the data the author uses a comparative approach to compare the practice of banking contracts - which in this study are the problems of murabahah and musyarakah financing contracts - as stated in the decisions of the Mataram Religious Court judges in accordance with the contract theory regulated in sharia economic law.The results of this study are: (1) Procedure for settling a dispute case in murabahah and musyarakah contracts carried out by the of judges through their decision Number 0508/Pdt.G/2016/PA. Mtr along with the contents of the decision according to the author in accordance with the rules stipulated in Sharia Economic Law. That is because the dispute resolution carried out by the judges is carried out based on legal rules in Sharia Economic Law, namely the rules for resolving sharia economic disputes contained in Law Number 21 of 2008 concerning Islamic Banking Article 55, Law Number 48 Year 2009 concerning Judicial Power Article 16 paragraph 2, Supreme Court Regulation Number 2 of 2008 concerning Compilation of Sharia Economic Law Article 133, and DSN-MUI Fatwa Number 4 concerning Murabahah, Number 8 of 2000 concerning Musyarakah Financing, and Number 47 concerning Settlement of Murabahah Receivables for Customer Can't Pay. (2) Decision of the judges in Case Number 0508/Pdt.G/2016/PA. Mtr Concerning Settlement of Murabahah Financing Contract Disputes according to the author in accordance with the principle of justice in Sharia Economic Law. Keywords: Contract, Murabahah, Musyarakah, Law, Sharia Economy.

The Principles of Law of Negligence as Causes of Compensation in the Sharia Economic Law in Indonesia

This study discusses what are the concepts of legal principles of negligence as a cause of compensation contained in the positive Indonesian Islamic economic law concerning the implementation of contracts for Islamic financial institutions that are studied in a qualitative-normative exploratory manner. This study indicates that there are six legal principles of negligence as a cause of compensation in the positive law of Indonesian sharia economy, namely: 1) carried out with careful consideration, 2) carried out appropriately, 3) carried out carefully, 4) business activities may not exceed permitted limits, 5) business activities must be in line with the provisions stipulated in the contract (not violating the agreement), and 6) negligence classified as intentional negligence and accidental negligence. While the legal principles of negligence contained in conventional law are currently more complete (11 principles of negligence) than those contained in the positive law of sharia economy (only 6 principles)

Eksistensi Jurusan Hukum Ekonomi Syariah IAIN Langsa

This study aims to analyze the effect of curriculum, lecturer quality, academic service quality and alumni competence on the existence of Islamic Economics Law Department IAIN Langsa. The population in this study were all alumni of the Islamic Economics Law Department (HES) of Langsa IAIN, while the sample used in this study was that some alumni had worked, so the samples taken were 60 HES IAIN Langsa alumni. The sampling technique used was nonprobability sampling with a type of purposive sampling. The research methodology uses a survey method with a quantitative approach. Data analysis using Multiple Linear Regression analysis using SPSS Version.20 Software. The results of this study indicate that the curriculum (X1) has a positive effect on the existence of the HES Department (Y) with t-values (2,267)> t-table (1.67), then (H1 is accepted). The quality of the Lecturer (X2) has a positive effect on Existence (Y) with a t-value (4.271)> t-table (1.67), then (H2 is accepted). Academic service quality (X3) has a positive effect on the existence of the HES Department (Y) with a t- value (2.886)> t-table (1.67), then (H3 is accepted). Alumni Competence (X4) has a positive effect on Existence (Y) with a t- value (3,920)> t-table (1.67), then (H4 is accepted). Of the several variables that have been tested by lecturer quality which have a dominant influence on the existence of the Islamic Economics Law Department with the resulting t- value of 4.271 which is the highest t-value.

The Review on Insolvency of Sharia Insurance Company from the Perspective of Islamic Economic Law in Indonesia (Case Study on Bankruptcy Decision of Asuransi Syariah Mubarakahco. Ltd Number 1016 K/Pdt.Sus-Bankrupt/2016)

.

PEMBULATAN HARGA PADA TRANSAKSI JUAL BELI DI MINIMARKET

A new practice in buying and selling that arises when people shop at minimarkets is the practice of rounding off the price of goods by cashiers. This practice of rounding up prices is common in minimarkets such as Indomaret, Alfamart, and Alfamidi. As happened in the minimarket, there was rounding off if the buyer paid the extra money and there was a small change like Rp. 50, - or Rp. 100, -, then the small amount will be rounded off by the cashier. The main problem of the description above is how the review of Islamic economic law regarding rounding prices on buying and selling transactions in the mini market and its impact on consumers. Then in this study using qualitative research methods with an empirical approach and the building of analysis in the article will attempt to articulate several laws related to data reduction, triangulation of the results of articles, and then the presentation of data in the form of narrative text. The data used in this study are secondary in the form of literature, articles, and research journals that have been carried out related to Islamic economic law reviews regarding price rounding on buying and selling transactions at minimarkets and their impact on consumers.

PEMBATALAN UANG MUKA DALAM PERJANJIAN PESANAN MENURUT HUKUM EKONOMI SYARIAH (Studi Kasus pada Mebel Jati Ukir Sumber Anugrah Metro Utara)

Buying and selling is one form of activity that involves the relationship between humans to meet their daily needs. The problems that occur in the order agreement in Mebel Jati Ukir Sumber Anugrah Metro Utara are the practice of applying advances in order agreements and how the views of sharia economic law apply to the cancellation of advances in order agreements. The purpose of this study is to find out how to apply advances in agreements order and know how the views of sharia economic law on the application of advances in the agreement of orders for Mebel Jati Ukir Sumber Anugrah Metro Utara. The benefit of this study is to be able to add to the scientific repertoire in the field of muam especially regarding the views of sharia economic law on the application of advances in order agreements and as input for the people who make order agreements to pay attention to Islamic economic law provisions so that no party is harmed. This study uses a type of field research research with the nature of qualitative descriptive research. Data sources used are primary data sources and secondary data sources. The data obtained were analyzed using qualitative analysis methods namely inductive methods. Based on the research it can be concluded that the application of advances in the order agreement in teak Mebel Jati Ukir Sumber Anugrah Metro Utara according to Sharia Economic Law is permissible. This is because the furniture owner has provided a period of time for the buyer to settle the remaining payment. So that if the buyer cannot pay off the remaining payment before maturity, then the advance that has been given belongs to the furniture.

Multi Contract as A Legal Justification of Islamic Economic Law for Gold Mortgage Agreement in Islamic Bank

In recent years, the gold mortgage agreement has become one of the excellent products in Islamic banks. Practically, the gold mortgage agreement to the customer uses the principle of qard with the guarantee of gold in question through the pledge agreement (al-rahn). Gold as a property shall be the object of debt security placed in the control and maintenance of the Islamic bank with certain fee (al-ijarah). The selected object is focused on the multi-contract of gold mortgage agreement at PT. Bank Syariah Mandiri Tbk. This research uses the combination between bibliographical and empirical methods which is supported by primary and secondary data from relevant literature and interview with the informan, and also analysis of the data uses deductive-inductive approach. The result of this study indicates that gold mortgage agreement at PT. Bank Mandiri Syariah used sharia multi-contract or mutanaqishah contract, in which there were combining gratuitous contract (al-tabarru’) and compensational contract (al-tijarah). In the classical Islamic economic law perspective, it looks like a legal justiciation (hilah syar’iyyah) which prohibited taking the excessive benefits from the provision of additional debt (al-ziyadah) and other benefits to cover usury in the practice of ujrah for custodial services, but some opinion of legal jurits allowed it based on the reason that it is included in hilah syar’iyyah mahmudah and also relevant to the principle of adillah al-syar’iyyah and Fatwa DSN-MUI Number: 25/DSN-MUI/III/2002 on Rahn, Article 1320 Civil Code, and the Islamic Banking Law Number 21 of 2008.

ANALISIS HUKUM EKONOMI ISLAM TERHADAP PRAKTEK IHTIKAR

The purpose of this paper is to explain the Ihtikar law in trade and commercial activities. Islam emphasizes the implementation of moral values in all economic activities, so the ihtikar issue is very important to be studied in Islamic economic law. Islam basically gives freedom in carrying out economic activities, and Islam also regulates economic matters that cause harm. The results of the study found that the verses and hadith explained in this paper textually prohibit the existence of ihtikar. Ihtikar law is haram if the goods stockpiled are needed by the community which results in price increases. When this happens, Islam allows for intervention in economic activity by issuing some policies and rules that have an impact on normal prices.

The Effectiveness of Business Ethics Implementation in Islamic Economic Law on Islamic Banking

Islamic bank is a bank whose activities leave usury issues. Therefore, avoiding interest which is considered usury is one of the challenges for the current Islamic world. The literacy index of Islamic banks in Indonesia has only reached 6.63 percent. The level of literacy or public understanding of Islamic finance is still lower than the level of inclusion. This literacy index shows how much public understanding of Islamic banks including their products and services. Currently, Muslim economists have devoted great attention to finding ways to replace the interest system in banking and financial transactions that are more in line with business ethics and Islamic economic law. Islamic economic law is a sharia economic law system that covers the way and implementation of business activities/ business ethics based on sharia principles. The discussion of business ethics in Islamic economic law is expected to be able to provide understanding to the public about Islamic banks and their effectiveness. The objectives of the research are to (1) find out the business ethics implementation in Islamic economic law at Bank Syariah Mandiri Branch of Sukarno Hatta Malang, and (2) to find out the effectiveness of the business ethics implementation in Islamic economic law at Bank Syariah Mandiri Branch of Sukarno Hatta Malang. The research findings found that business ethics in Islamic economic law is implemented at Bank Syariah Mandiri Branch of Sukarno Hatta Malang by implementing usury elimination, the principle of justice, cooperation, and trust, and conducting legal business transactions (the financing types are based on sharia law). In addition, the business ethics implementation in Islamic economic law at Bank Syariah Mandiri Branch of Sukarno Hatta Malang is considered effective due to the loyal customers based on the increased profits and total assets. Keywords: business ethics, Islamic economic law DOI : 10.7176/EJBM/11-3-09

Comparative Study Of Islamic Economic Law And The Capitalist

The implementation ofthe capitalist system has eliminated the Islamic values in economic practice. After the financial crisis hit the world, the capitalist system reaped many questions and its greatnessbegins to be doubted. The capitalist system implementationprecisely creates new problems in the economy. The concept of individualism which is the main key in capitalist practice only creates economic injustice and misery of the poor. The only economic theory that is expected as a light in dealing with economic problems is an economic system that is able to create justice,the welfare of all parties and blessings both the world and the hereafter. The theory is the Islamic economics which in practice is inseparable from Islamiceconomic law. Islamic economic law that underlies the Islamic economic system is totally different from the capitalist economic system.Keywords: Islamic Economic Law; Islamic economics; Capitalist Economy

SISTEM PENGELOLAAN BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN MANDIRI KOTA PAREPARE

: Law Number 40 of 2004 concerning the National Social Security System (SJSN) mandates that social security is mandatory for all residents including the National Health Insurance (JKN) through a Health Social Security Administering Agency (BPJS). This study discusses how the contract system in the Mandiri Health BPJS, how the mechanism for collecting contributions to the Mandiri Health BPJS, and how the quality of BPJS Health guarantees in Parepare City for health services for Mandiri Health BPJS participants. This study included a qualitative descriptive study with an analysis of Islamic economic law in the Office of BPJS Health in the City of Parepare. The results of the study indicate that the contract system in the Independent Health BPJS in the City of Parepare is in accordance with Islamic economic law and the mechanism for collecting contributions from Mandiri Health BPJS participants is not in accordance with Islamic economic principles. Quality assurance of BPJS Kesehatan in the City of Parepare for health services for participants of the Independent Health BPJS in accordance with Islamic economic law.

Tradisi Pohulo’o Pada Masyarakat Gorontalo Perspektif Hukum Ekonomi Syariah

This study discusses about the Islamic economic law system in the practice of pohulo'o in Gorontalo society. This study is examined through normative and socio-cultural approaches. Data obtained from interviews, documentation and questionnaires with 150 respondents. The results of the study show that: First, the practice of pohulo'o has basically produced a lot of pawn (al-rahn) in the sharia economic legal system, both related to harmony and its requirements; Second, the relevance of pohulo'o between the concept of al-rahn in the Islamic economic law system is related to: (a) the existence of a contract from the terms and conditions which have similarities; (b) the practice of pohulo'o with conservation of pawnshops (upilohulo'o) which tends to be carried out by the pawn holder (popohulo'o), although it is a pawn (tampohulo'o) and may also use it. However, in this case it depends on the agreement or contract that has been made. Ulama differs their views on this matter.

Consumers Spiritual Rights in the Islamic Banking Dispute Out of Court Settlement

From the perspective of consumer protection, consumer of Islamic Financial Institution (LKS) have spiritual rights, in which their religious rights are guaranteed in the form of sharia principles. The problem is that the provisions in Indonesia Financial Services Authority Regulation (POJK) Number 1/ POJK.07/ 2014 concerning Alternative Disputes Settlement Institutions do not contain clauses related to these spiritual rights. Using a doctrinal approach, especially philosophical, juridical, and practical, this study aims to analyze the POJK using the perspective of consumer protection, specifically spiritual rights. The results of the study found the disharmony of law in the alternative disputes settlement. If the problem does not receive adequate attention, it means that it does not encourage the legal certainty that is needed for Indonesia Islamic economic law development.

Fleksibelitas Hukum Ekonomi Syariah

<p><em>This study aims to examine the flexibility of Islamic law in general and the flexibility of Islamic law in particular. This study is a literature review. Data is collected from various works that have been produced by the scholars and analyzed descriptively. The results of the study show that in general, Islamic law is divided into two types; First, Islamic law is static (fixed) and will not change, this type of law is based on Nash qath'i. Second, Islamic law that is flexible (dynamic) that can change according to the demands of the times, this type of law is based on the results of ijtihad. Many flexible laws are found in the law of muamalat (Islamic economics) and this has happened since the beginning of Islam. There are many examples of the flexibility of Islamic economic law, including: Umar stopped distributing the land from the war, even though the Messenger of Allah had distributed the land; Umar stopped the portion of the zakat property for the convert group even though they belonged to eight groups who were entitled to receive zakat shares; Umar made a policy to excise non-Muslim traders as big as Usyur (10%) and Dzimmah Expert traders by 5% when they entered the Islamic region; and Umar founded the Diwan (Baitul Mal) even though it never existed at the time of the Prophet.</em><strong><em></em></strong></p>

Analisis Praktik Jual Beli Produk Pertanian Bayar Panen dalam Perspektif Hukum Ekonomi Islam di Desa Barurejo Kecamatan Siliragung Kabupaten Banyuwangi

This study aims to determine the practice of implementing the sale and purchase of agricultural products to pay harvest/respite in Barurejo Village, Siliragung District, Banyuwangi Regency. To find out about the legal views of Islamic economics on the implementation of buying and selling pay harvest. The type of research used in this study is a case study that is single-case design. Data analysis using interactive model analysis techniques. The results of the study, namely the practice of buying and selling are in accordance with the terms and also the pillars of sale and purchase, and buying and selling of this harvest does not contain elements of persecution, because both parties benefit from each other. In the practice of buying and selling agricultural products, the harvest in Barurejo Village, Siliragung Subdistrict, Banyuwangi Regency is in accordance with the objectives of Islamic economic law, namely a sense of empathy among people to create mutual benefit where the price increase the seller gets the price in lieu of the length of payment and the buyer gets the desired item without issuing money in cash, adding a relatively small amount of price and not burdening one party

PENANGANAN NON-PERFORMING FINANCE DALAM AKAD MUSYARAKAH DI BANK KALSEL SYARIAH

Each financing has risks faced by banks and customers, including on musyarakah contracts. This can result in losses if not resolved, the bank must cover it first from the existing reserve fund in each bank in case of such problematic financing happen. On the other hand, the DSN has not specifically regulated the guidelines on handling non-performing financing on musyarakah contracts. While the questions about it continue to emerge. Therefore, it is needed to be clarified about how the practice undertaken by the bank in case of problematic financing, because it is very influential on the health of a bank. This research is field type and uses qualitative descriptive approach. The primary data in this study is about the Bank Kalsel Syariah, either through the official website, observation, or interviews with the bank. For the secondary data, the authors collect from various literature, especially from legislation such as the Compilation of Islamic Economic Law and MUI Fatwa. In this research, it is found that the Bank Kalsel Syariah has managed the problem financing settlement in this musyarakah contract through several phases, those phases are the cash payment, revitalization of financing through contract restructuring, settlement through guarantee, and lastly through legal court.

Menakar Transaksi Leasing dalam Tinjauan Hukum Ekonomi Syariah

This study aims to measure the lease transaction in the review of sharia economic law. The phenomenon of the practice of leasing transactions in economic activities that develop today is a complicated and complicated issue. Because of its emergence as one of muamalah practices involving a number of parties initially known in advance by the Western world and not found the discussion specifically in the classic books and fatwa ulama. This type of research is a qualitative research using literature study method as the methodology of completion. With the object of research Leasing case seen from the point of view of Islamic economic law, and how the Islamic economy to answer the problem. Leasing Transactions are financing activities in the form of provision of capital goods (eg cars or factory machinery) paid for a certain period of time on a regular basis. From result of research obtained result that related with lease transaction. The form of leasing activity is divided into two, namely the operating lease (ie, lease without option) and financial lease (lease with option rights) Operating lease in fiqih terms equals ijara, while the financial lease practice which has been adjusted to syara criteria 'is called al -The Objective of Muntahia bit Tamlik (IMBT) and the law is halal, while based on the practice and reality in daily life, financial lease shows transaction prohibition, and scholars agree that there is in practice financial lease (conventional leasing)

Menakar Transaksi Leasing dalam Tinjauan Hukum Ekonomi Syariah

This study aims to measure the lease transaction in the review of sharia economic law. The phenomenon of the practice of leasing transactions in economic activities that develop today is a complicated and complicated issue. Because of its emergence as one of muamalah practices involving a number of parties initially known in advance by the Western world and not found the discussion specifically in the classic books and fatwa ulama. This type of research is a qualitative research using literature study method as the methodology of completion. With the object of research Leasing case seen from the point of view of Islamic economic law, and how the Islamic economy to answer the problem. Leasing Transactions are financing activities in the form of provision of capital goods (eg cars or factory machinery) paid for a certain period of time on a regular basis. From result of research obtained result that related with lease transaction. The form of leasing activity is divided into two, namely the operating lease (ie, lease without option) and financial lease (lease with option rights) Operating lease in fiqih terms equals ijara, while the financial lease practice which has been adjusted to syara criteria 'is called al -The Objective of Muntahia bit Tamlik (IMBT) and the law is halal, while based on the practice and reality in daily life, financial lease shows transaction prohibition, and scholars agree that there is in practice financial lease (conventional leasing)