Islamic Economic Law Research Articles

MARKET FAIRNESS IN ISLAMIC ECONOMICS LAW AND ETHICS: A Study on Modern and Traditional Market Regulations in Indonesia

<p>Abstrak: Keadilan Pasar dalam Hukum dan Etika Ekonomi Islam: Studi tentang Peraturan Pasar Modern dan Tradisional di Indonesia. Studi ini dilatarbelakangi kondisi pasar yang tidak adil berupa ketersingkiran pasar tradisional di Indonesia disebabkan persaingan yang tidak seimbang dengan pasar modern. Tulisan ini berusaha menemukan formulasi hukum yang adil untuk menjaga keberadaan pasar kecil. Untuk menemukan formulasi hukum tersebut, penulis akan membahas pengaturan pasar dalam peraturan perundang-undangan di Indonesia, menganalisa serta menemukan hal yang harus dioptimalisasikan untuk membuat pengaturan pasar yang adil dalam perspektif hukum Islam. Studi ini mengajukan paradigma bahwa pasar bukan hanya sebagai institusi bisnis tetapi juga insitusi ibadah dan sosial berdasarkan persaudaraan yang mengharuskan saling menghormati, saling bertanggungjawab. Terdapat preskriptif hukum untuk menjaga keberadaan pasar tradisional di Indonesia, yakni mengoptimalkan konsep kepemilikan pasar sebagai bentuk kepemilikan umum dan mengoptimalkan regulasi kerjasama antara pasar tradisional dan modern berdasarkan doktrin hukum ekonomi Islam.</p><p><br />Abstract: This study has been motivated by unfair market conditions in the form of marginalization of traditional markets in Indonesia due to unequal competition with the modern market. This article tries to find a fair legal formulation to maintain the existence of a small market (traditional). To find the legal formulation, the author attempts to discuss market regulation in Indonesian legislation, analyzed and found it to be optimized to create a fair market arrangements in the perspective of Islamic law. This study propose a paradigm that the market functions not only as an business institution but also as religious and social institutions based on brotherhood which requires mutual respect and responsibility. There are prescriptive law to maintain the existence of traditional markets in Indonesia, which optimizes the concept of ownership as a form of common ownership and optimize the regulation of cooperation between the traditional and the modern market economy based on the doctrine of Islamic law.</p><p><br />Keywords:Islamic business ethics, modern and traditional market, monopoly</p>

EKONOMI ISLAM DAN KEARIFAN LOKAL

Indonesia is an archipelago which has a diverse system of cultural customs of the archipelago. With so much local wisdom in it. Related to the system and the economic behavior of the Indonesian people, whether in the traditional system of culture of the archipelago there is an economic system that is still practiced by the community? What is the economic system there are indigenous cultures of the archipelago is relevant to the economic principles of Islam? Therefore, space exploration and assessment of local knowledge into separate claims for one of the methods of economic development of Islam in Indonesia. Responding to the scientific development of new discourse of Islamic economics, the paper seeks to discuss further on, (1) What are the sources of Islamic economic law that allows synergy between Islamic economics and local wisdom?, (2) How is the meeting point ‘urf and local wisdom, and (3) How can tolerance towards indigenous Islamic economics?

Kompilasi Hukum Ekonomi Syari’ah (KHES) dalam Tinjauan Hukum Islam

This paper tries to see the Compilation of Islamic Economic Law (Kompilasi Hukum Ekonomi Syariah/KHES) by Islamic law perspective. This KHES compiling constitutes the ”positifization” effort of economoic law into national law system which that’s by sosiological as response to new growth in economic law in the form of Islamic economic practices in Islamic finance institutions (lembaga keuangan syari’ah/LKS). KHES is none other than the fiqh of Indonesia and ijtihad collective. That refers to resourches which have popular in Islamic schools of law with eclectic pattern. Because in its compiling has entangled Islamic judges, that represents the result of ijtihad, althougt in its compiling has only entangled a part of small expert and practitioner in Islam law, not yet accomodated widely, so that will find many problem in its applying. Nevertheless KHES is the masterwork and the new penetration in economic law in Indonesia.Keyword: KHES, positifisasi, fikih, dan hukum Islam.

TINJAUAN HUKUM EKONOMI ISLAM TERHADAP PEMANFAATAN GADAI KEBUN KARET

ABSTRACT
 
 The use of rubber as the object of pawning is a common thing in society, the refore it is important to study it in depth if examined through a review of Islamic economic law. That is why this research was conducted with the aim of providing a description of the Islamic economic law review on the use of pawn rubber plantations, especially in Modong Village, Tanah Abang District, Penukal Abab Lematang Ilir Regency (PALI). This research respondents were determined by the researchers with the criteria as the giver and recipient of the pawn. The results obtained from the research conducted stated that the practice of using rubber plantations as the object of pawning in Modong Village had been going well, because there had been an agreement between the giver and the recipient of the pawn as determined when the pawn agreement occurred. Another thing that can be seen is the use of rubber plantations which are the object of the pawn, which is fully owned by the pawnee (murtahin). Judging from Islamic economic law, the use of rubber plantations as an object of pawning in Modong Village is partly in accordace with Islamic law because most of the pawn contracts that have been carried out have stated that the pawnbroker gave permission to use the proceeds from the pawned rubber plantation. Another thing that is inconsistent or contrary to Islamic law is related to the arrangement to use the object of the pawn proportionally, namely in accordance with the costs incurred to maintain the object of the pawn, but what happened in the village of Modong was that all the benefits of the pawned rubber plantation were received by the recipient of the pawn.
 
 Keywords: Islamic Economic Law, Pawn, Rubber Plantation

PENGELOLAAN DANA RETRIBUSI PASAR PERSPEKTIF HUKUM EKONOMI SYARIAH

This thesis is entitled about Islamic Economic Law Review of Market Levy Fund Management (Study at the Technical Implementation Unit of Pasar Bukit Sulap, Lubuklinggau City). Where is the first formulation of the problem in this thesis, how to manage market retribution funds in the technical Implementation Unit of the Lubuklinggau City marketplace Office. Second, how is the review of sharia economic law on the management of market retribution funds in the Technical Implementation Unit of the market for the Magic Hill market in Lubuklinggau City.
 This research was conducted based on the Local Regulation of the City of Lubuklinggau no. 14/2020 concerning market service charges. The collection of levies is carried out to finance the existence of the market such as development costs, maintenance costs, operational costs, cleaning costs, and other market service costs, it is necessary to determine the fee collection fees that have been determined by the Lubuklinggau City Government.
 This research method uses a type of field research (Filed Research) and the method used is a qualitative descriptive method the describes all the problems that exist in the form of words or sentences in a firm and clear manner. The data collected in this study were interviews, documentation and literature studies, primary data
 
 
 
 
 from this thesis were obtained through interviews. Secondary data obtained by literature study such as books, journals, articles, newspapers. This data in then analyzed by matching the data obtained with the facts or facts that occur in the field.
 The results of the study concluded that the market management implemented by the Technical Implementation Unit of the Lubuklinggau City Market Office Was in accordance with government regulations and was also based on Islamic economic law or syara’ Islam. Where the results obtained by the researchers in the field are that the government has provided market facilities in the form of market buildings and other market facilities that have been used by traders to sell and transact in market economic activities. The cleanliness levies collected by market managers do not impose a burden on traders while the collection is not painful for traders to pay and there is evidence of payment of market cleanliness levies in the form of a ticket given to traders for each collection. However, there are also traders who are less enthusiastic about paying the levy because sometimes the income is earned in small markets, and the review of sharia economic law on market management at the Pressis Implementation Unit, the Pasar Bukit Sulap Office, Lubuklinggau City, is legal as long as it is not against Islamic law.
 Keywords: Local Regulations, Management Of Market Retribution Fund, Islamic Economic Law.

ANALISIS PANDANGAN PEGAWAI YAYASAN PENDIDIKAN RUMAH QURAN ELFAJR TERHADAP FENOMENA SANDWICH GENERATION DITINJAU DARI HUKUM EKONOMI ISLAM

The term sandwich generation in the literature has been widely heard in economic terms since 1981, where it is meant that the term sandwich generation is the generation in which he supports himself, his wife and children, but at the same time supports his parents or in-laws. The situation at the same time is what makes this term arise, where economists say this is not good for one's economy, where the sandwich generation pattern is considered a burden in one's economy. The purpose of this study is to find out how the views of employees of the El Fajr Quran house education foundation on the phenomenon of sandwich generation in terms of Islamic economic law. This research is a qualitative research with a qualitative descriptive approach using a structure interview as a research technique. . This study resulted in a type of understanding of the sandwich generation phenomenon among employees of the Elfajr Quran House Foundation in terms of Islamic economic law. 
 Keywords: Sandwich generation, sandwich generation, economic law.