Purchase Contracts Research Articles

Tinjauan Hukum Islam terhadap Pinjaman Shopeepaylater

<p>With the rapid development of technology, an application for online shopping (marketplace) was born. One of the largest in Indonesia is the Shopee marketplace. In the Shopee application there is a payment feature that can be made in stages, known as Spaylater. In this study, the theory used is the sale and purchase contract, loan contract, hiwalah contract and usury. This research uses the type of field research or field studies using a qualitative approach. This research was conducted on the Shopee application, where in the Shopee application there is an online loan feature called Spaylater. This feature makes it easy for users to make transactions, because Spaylater itself offers bailouts for users who want to transact but do not have cash. Then the researchers used primary data obtained from interviews with informants in accordance with the research problem. While secondary data, researchers obtained from books, journals, articles from the internet, DSN-MUI Fatwa and theories related to Islamic law. Then for the data collection method using observation, interviews and documentation. The results of this study indicate that if the activation of the Spaylater user is successful, the user can use the limit that has been given. Then regarding the view of Islamic law, looking at Spaylater, namely in the Spaylater mechanism there are conditions for contracts that are not fulfilled in Spaylater. Because in it there is a late fee given by the Spaylater, this late penalty is included in usury jahiliyah. Therefore the practice of Spaylater is not allowed in Islam because it contains elements of usury.</p>

Macro factors affecting the decisions to use currency derivatives of Vietnam's import and export enterprises: A new approach from LASSO regression models

The emergence of currency derivatives plays a particularly important role for import - export businesses in minimizing financial risks and ensuring profits from future purchase and sale contracts. Although currency transactions using this tool bring many benefits, it is also inevitable that some risks occur due to uncontrollable fluctuations in exchange rates, interest rates, inflation and foreign exchange reserves in international trading transactions for entrepreneurs. Therefore, the study is conducted with the objective of analyzing the macro factors affecting the decision to use currency derivatives of import-export enterprises in Vietnam. The study uses secondary data collected in the period 2015 - 2021 of 100 enterprises with import-export activities in Vietnam listed on stock exchanges. Applying the new regression model LASSO to analyze the rules, affecting the decision to use financial derivatives and compare with the results when using the S-GMM method. The main results show that all four main independent variables have a significant impact on the decision to use currency derivatives of Vietnamese import and export enterprises. These are all based on science as well as previous research. Specifically, among the four main independent variables, interest rates, inflation and exchange rates have a positive and significant impact on the decision to use currency derivatives of Vietnamese import and export enterprises; meanwhile, foreign exchange reserves have a negative impact on the decision to use currency derivatives of Vietnamese import and export enterprises. In conclusion, the research will make a major contribution to the correction of defects in the model through the LASSO regression model. After obtaining the research results, the study will provide management implications for businesses to make decisions about using the tool effectively with the least risk.

Under the background of 100 million tons of crude oil purchase and sale contract: Countermeasures for smooth operation of the Alashankou-Dushanzi-Urumqi crude oil pipeline

A 100 million ton crude oil purchases and sale contract signed between China and Russia, and the crude oil will pass through Kazakhstan and flow along the Alashankou-Dushanzi-Urumchi crude oil pipeline to western Region. As an important crude oil import channel, this paper analyzes the current situation of Alashankou-Dushanzi-Urumchi crude oil pipeline and puts forward some countermeasures. Both Russia and Kazakhstan are major crude oil exporters, with internal demand for exporting crude oil to China. There is a huge gap between domestic crude oil demand, and social and economic development depends on crude oil import. The geographical environment of the crude oil pipeline is conducive to pipeline protection. The security environment of Xinjiang has improved. The situation in Russia and Ukraine and the civil strife in Kazakhstan have limited impact on the pipeline which will have good development opportunities. Thus, this paper proposes the following management strategies. First of all, strengthen communication and coordination between upstream and downstream enterprises. Second, reduce cost and increase efficiency. Third, attach importance of the application of new technologies. Fourth, establish emergency plans and hold emergency drills for emergencies such as COVID-19 outbreak and pipeline leakage. Fifth, strengthen anti-terrorism and riot control. Sixth, strengthen corporate culture and talent team construction.

Study on the Legal Consequences of Different Handling Methods of Pending Purchase Contract in Bankruptcy Procedure of Real Estate Enterprises

Study on the Legal Consequences of Different Handling Methods of Pending Purchase Contract in Bankruptcy Procedure of Real Estate Enterprises

Legal Aspects in Al Murabahah Financing Contract in Sharia Banking: Study at PT. Bank Syariah Indonesia Tbk Kedaton Branch, Bandar Lampung

Abstract: Purpose: This study aims to obtain a complete, clear, detailed, and systematic description of the legal aspects of a murabahah contract Methodology: The research used is normative-empirical legal research by examining all sources of legislation and direct descriptions in the field, with a conceptual approach. Results: Murabahah contract is a sale and purchase contract of an item where the seller mentions the selling price and profit level, where the selling price is approved by the buyer. The characteristic is that the seller must tell the price of the product and determine a level of profit. The legal aspects in the murabahah contract include legal subjects, legal objects, legal events, and legal relationships. Keywords: 1. Legal Aspects 2. Murabahah Contract 3. Sharia Financing Facilities

Pandangan Fiqh Mu’amalah terhadap Transaksi Non-Fungible Token (NFT)

Non-Fungible Token (NFT) is one of the most popular digital assets traded by the global community. This phenomenon is increasingly popular with the news that Ghazali was able to earn billions of rupiah. The NFT phenomenon encourages researchers to carry out analyzes related to the law of transactions in it and its validity according to the fiqh mu'amalah of the four schools of thought. This study uses a literature study approach by collecting data and information related to NFT and the views of several scholars regarding the pillars of a sale and purchase contract (bay') which include: NFT as ma'qud 'alaih, cryptocurrency as tsaman or mal, seller and buyer, and shighat (contract). This research resulted in two findings. First, NFT is a mal in the fiqh mu'amalah review. NFTs are categorized as meaningful malls because they are useful for copyrighted works and can be fully owned (hiyazah). Second, NFT transactions are legally valid 'because they have fulfilled all the conditions and pillars of the sale and purchase contract (bay'). Cryptocurrency as a transaction tool in NFTs is legal and meets the requirements to be categorized as a mall and recognized as a hiwalah contract. The two actors (al-'aqidan) and shighat in NFT transactions have also met the conditions.

FEATURES OF CONCLUSION OF AN AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE IN THE CONDITIONS OF MARITAL STATE IN UKRAINE

The article is devoted to the study of the peculiarities of the operation of the contract of purchase and sale in the conditions of martial law. The general theoretical concept of "sales contract" is considered. Based on the main legal acts of Ukraine, which regulate the activity of this legal document, its main elements are specified: participants, subject and price. It has been established that the issue has a large number of legal doctrines, although there is an interpretation of the content of the contract of sale at the legislative level. During the writing of this article, the understanding of the contract of sale was highlighted both from the theoretical side, in accordance with the scientific literature, and from the practical side – in matters related to the implementation of the consequences of the contract of sale, including relying on the Civil Code of Ukraine. It was found that the main purpose of activity for a natural person-entrepreneur is the implementation of high-quality purchase or sale of a certain product, compliance with the civil rights and obligations of both parties. We emphasize that the main opinions of scientists regarding this thesis were analyzed, taking into account positive and negative aspects. The main properties of entering into civil relations during the conclusion of the contract, which generate consequences in the form of legal confirmation of the document, were determined. In the conditions of a full-scale invasion caused by the aggression of the Russian Federation, the main changes in the implementation of notarial actions regarding real estate have been clarified. It was noted that during the month (from February 2022 to April 2022), the activity of the State Register of Property Rights to immovable property was limited in order to minimize the level of information threats to government websites, in particular, the seizure of the database of Ukrainian citizens by the enemy. It has been found that since April 2022, in places without active hostilities, transactions related to the sale or purchase of immovable property have been resumed with certain legal requirements that must be complied with based on the provisions of the law.Special attention in writing a scientific article is devoted to the basic principles regarding restrictions on the right to buy or sell real estate in the conditions of a full-scale invasion. During the writing of the scientific article, emphasis was placed on customs clearance of the car based on the sales contract. In particular, it is stated that during six months (February 2022-July 2022), the customs clearance of movable property took place without payment of VAT in the form of "zero customs clearance". However, in connection with the adoption of changes to the Tax Code of Ukraine, the tax levy on the purchase of cars was restored. We consider this issue to be debatable, which requires further scientific research. However, the expediency of the adoption of the Petition regarding the cancellation of tax payment to the Armed Forces of Ukraine, other law enforcement and state bodies carrying out the transaction for the good and benefit of the state is indicated.

PECULIARITIES OF CONCLUSION OF PUBLIC PROCUREMENT AGREEMENTS AND POSSIBLE NEGATIVE CONSEQUENCES IN CASE OF VIOLATION OF CERTAIN CONDITIONS AND LAW

The study analyzed the essential conditions of contracts in the field of public procurement, which are somewhat specific and much larger in number compared to the essential conditions of ordinary business contracts. During the research, the authors established that the mandatory procurement conditions play a decisive role in the conclusion of public procurement contracts. The subsequent conclusion or non-conclusion of the relevant contract or its subsequent invali­dation by the court will depend on how accurately the customer sets out the procurement con­ditions in his procurement announcement and in his tender documentation. Typical mistakes of customers when setting out the essential terms of procurement contracts and procurement conditions were considered. The results of the research can be used to improve the procurement process and the appropriate conclusion of contracts by customers and participants in public pro­curement in order to avoid typical mistakes or violations that may cause negative consequences in the future: cancellation of procurements, non-conclusion of relevant contracts, recognition of their invalidity or nullity. Today, there is a huge public market in Ukraine, which functions thanks to the Prozorro electronic system. Legal relations on this market must comply with the Law of Ukraine “On Public Procurement” and other normative legal acts. Therefore, it is relevant to study the con­tractual process of public procurement with an emphasis on the essential conditions of the relevant contracts, which are derived from the mandatory procurement conditions. When con­sidering the essential terms of public procurement contracts, contracts that are publicly avail­able in the Prozorro electronic system were analyzed. Considering the practice of the Supreme Court, the typical errors of the customers in setting out the essential conditions and the cor­responding negative consequences of these errors were considered, in particular, in the case of incorrect definition of the subject of the contract by the customers and excessive detailing of the procurement conditions by the customers in the procurement announcement and in the tender documents. Analyzing scientific research and publications, it can be argued that the proposed topic is insufficiently researched and developed by other scholars in the field of civil and economic law. The subject of the contract, as a defining essential condition of the contract, was studied by scientists M. M. Aharkov, M. I. Brahinskyi, V. V. Vitrianskyi, E. O. Sukhanov, M. M. Hudyma and others. But none of these scientists paid attention to the fact that the subject of the purchase contract is a broader concept compared to the subject of the contract in other business contracts. Other essential conditions of the purchase contract were not investigated by the specified sci­entists. The purpose of this article is the analysis of scientific publications, regulatory legal acts, their enforcement, judicial practice and features of the process of concluding contracts with the aim of establishing the determining factors of the formation of essential terms of contracts in the field of public procurement. Based on the results of the analysis, it can be stated that there are no such concept as essential procurement conditions in the current legislation.

Feasibility Analysis Of Financing Subsidized Mortgage Customers at Bank BTN Syariah Makassar Branch

Purpose – The purpose of this research is to analyze of financing subsidized mortgage customers at Bank BTN Syariah Makassar Branch.Methodology/approach – This study uses a qualitative method. They are using a data analysis approach using the 5C+1S principle. Findings – The study results found that Bank BTN Syariah Makassar Branch principle 5C + 1S in conducting customer financing feasibility analysis. Character, Capacity and Collateral are these three points that influence the ongoing financing. Meanwhile, capital and conditions of the economy are only supporting aspects because both of them do not have a significant influence in the process of providing funding, while in Sharia, namely 1 S, more emphasis is placed on the sale and purchase contract, where this Islamic bank prioritizes MUI fatwa decisions and must meet Sharia elements.Novelty/value – the research contribution is to provide analysis of financing subsidized mortgage customers at Bank BTN Syariah with using the 5C+1S principle.

Manajemen Pengelolaan Properti Syariah pada PT. Khansa Property Syariah Perspektif Fikih Muamalah

This study aims to know and understand management and the application of sharia property contracts at PT. Khansa Properti Syariah in the perspective of fiqh muamalah. This research is a qualitative field research using a normative juridical approach. Data collection methods used in this study were interviews and documentation. The results of the study show that in management there are three stages, namely planning or marketing, launching or during marketing, and post-marketing. PT. Khansa Property Syariah pays great attention to location determination, pricing, building quality, services, buying and selling transactions, promotional media, and the Islamic environment. The practice of applying the contract of sale and purchase of property by PT. Khansa Property Syariah uses the bay' istiṣnā` contract in the sale and purchase transaction of the property in accordance with the muamalah fiqh perspective because the buyer has the right to discuss the contents of the contract but within the limits given by PT. Khansa Property Sharia. Likewise, management and marketing have fulfilled the terms of sale and purchase and do not conflict with Islamic law according to the perspective of muamalah fiqh. The implications of this research for PT. Hopefully Khansa Properti Syariah in the future will always implement the implementation of buying and selling according to Islamic law. In carrying out the property business, the company should also have large capital even without involving a bank, so that buyers do not have to wait long for their houses to be built.

CHARACTERISTICS OF WAKALAH CONTRACT IN FINANCING WITH MURABAHAH CONTRACT

Act Number 21 of 2008 about Islamic Banking regulates that one of the businesses of Islamic commercial banks is to channel financing under a murabahah contract. Fatwa of the National Sharia Council – MUI No. 04/DSN-MUI/IV/2000 concerning Murabahah regulates the mechanism for granting authorization to customers by banks, to purchase goods from third parties and the murabahah sale and purchase contract must be carried out after the goods, in principle, become the property of the bank. The purpose of this study is to understand, describe, and find the suitability of the characteristic mechanism in financing with murabahah contracts with Fatwa and the provisions of Islamic bank regulators. This research method is normative juridical with a statutory and comparative approach. The research methodology used is doctrinal legal research. Doctrinal legal research is the study of legal rules, principles, concepts or doctrines. In this study, it was found that the characteristics of wakalah contracts in murabahah financing are as a means of granting power of attorney to purchase murabahah objects by customers as proxies from the bank, to then be handed back to the bank and then sold to customers under a murabahah contract.

The Valuation of Contract Deposit and Purchase Price

This paper evaluates the deposit and purchase pricing of purchase contracts in a risk-neutral framework. First, we determine the fair deposit price of a single-installment purchase contract based on theoretical modeling and numerical analysis. Second, the buyer’s threshold pricing in dual-installment and multi-installment contracts is investigated under the framework of compound options. Lastly, the pricing behavior of deposits and purchases is further analyzed using a simultaneous equations modeling framework.

문화산업에서 소비자보호

If the contents of a sound source or book, which can be said to be products of the cultural industry, violate the Copyright Act (plagiarism), can the consumer who purchased the product cancel the product purchase contract or claim damages? Wouldn't it be possible to constitute the same legal principles that consumers who purchased products from general industries as they can cancel the contract or claim damages if the purchased product is a violation of the law? Considering the role of consumers in the growth of the cultural industry, it is necessary to recognize their rights as consumers of the cultural industry. We reviewed whether the rights of cultural consumers could be recognized under the current law. As a result of reviewing the provisions of the Framework Act on Consumers, various cultural industry-related laws, copyright laws, and civil laws, Even if copyright violations are admitted, Considering the specificity of consumers of cultural products and the characteristics of the legal structure, it is difficult to find a basis for consumers to cancel contracts or claim damages under the current law. If the current law cannot solve the problem, a policy should be established to allow consumers to exercise their rights.

Forecasting Liquefied Natural Gas Bunker Prices Using Artificial Neural Network for Procurement Management

The LNG price is basically determined based on the oil price, but other than that, it is also determined by the influence of the method of LNG transportation; storage; processes; and political, economic, and geographical instability. Liquefied natural gas (LNG) may not reflect its market value if the destination of the purchase is restricted or the purchase contract includes a take-or-pay clause. Furthermore, it is difficult for the buyer to flexibly manage procurement, resulting in the decoupling of oil and natural gas prices. Therefore, as the LNG bunker price is expected to be more volatile than the marine bunker price in the future, shipping companies need to prepare countermeasures based on scientific forecasting techniques. This study aims to be the first to analyze the forecasting of short-term LNG bunker prices using recurrent neural network (RNN) models suitable for highly volatile data such as time series. Predictive analysis was performed using simple RNN, long short-term memory (LSTM), and gated recurrent unit (GRU) models, which effectively forecast time-series data, and the prediction performance of LSTM among the three models was excellent. LSTM had relatively excellent prediction performance of outliers and beyond. In addition, it was possible to effectively manage ship operating costs with improved forecasting in practice. Furthermore, this study contributes to establishing a systematic strategy for supervisors in global shipping companies, port authorities, and LNG bunkering companies.

The Emerging Certified Natural Gas Market

The natural gas industry is increasingly utilizing certified natural gas as a means to address Environmental, Social, and Governance (ESG) commitments, with a particular emphasis on the reduction of methane emissions. Certified natural gas has emerged as a multi‐faceted commodity that has stirred up considerable debate as it begins to reach beyond bilateral transactions between producers and end users, and into the tariff filings and business practices of transportation providers and other actors along the natural gas supply chain. As this article surveys the landscape of certified natural gas and provides an overview of the well‐known certification providers, it will also explore a few of the issues and concerns raised by commenters within several Federal Energy Regulatory Commission (FERC) dockets concerning the Tennessee Natural Gas PCG Pooling Service Option—the first tariff proposal of its kind by an interstate pipeline to establish paper pools for the sale and purchase of certified natural gas. Finally, this author will take a brief glance at the North American Energy Standards Board (NAESB) efforts to facilitate certified natural gas transactions through the ongoing development of a standardized NAESB Certified Gas Addendum to the NAESB Base Contracts for Sale and Purchase of Natural Gas.

Kreditkauf and Lieferungskauf as economical phenomena in the practice of the agoranomoi. Reconsideration of the contract under BGU I 174 and 189

Abstract In the Egyptian–Greek legal practice the “fictitious loan agreements” are known as specific constructions of deferred purchase contracts of the ancient legal practice. While Roman law is well known from its consensual contracts, such as the sales contract (emptio venditio), furthermore it acknowledged constructions of sales contracts with deferred payment as valid sale, Greek law always adhered to the prompt sale and besides this, only additional solutions were applied. One of these solutions was the so-called “fictitious loan agreements” (συγγραφὴ δανείου), where – as Fritz Pringsheim emphasized – if the seller provided the purchase price and “disguised” the sale as a loan, he had no claim on the basis of the sale, but could only sue on the basis of the loan. There remained several documents of this kind, however, in light of recent papyrological research, new evidence suggests a revision on how we are regarding these documents.

Pembiayaan Perumahan Syariah Berbasis Akad Murabahah bil Wakalah dalam Perspektif Fatwa DSN No.04/DSN-MUI/IV/2000

This article discusses the process of contract and mortgage financing based on a murabahah bil wakalah contract at PT Bank BTN Syariah Pekalongan branch office from the perspective of DSN Fatwa No.04/DSN-MUI/IV/2000. This type of research is a field research (field-research) with a qualitative approach. Sources of data in the form of primary and secondary data, primary data obtained by interview and observation techniques while secondary data obtained by documentation. The subject of this research is PT. Bank BTN Syariah Pekalongan Branch Office and Customers, while the object is the settlement in accordance with DSN Fatwa No.04/DSN-MUI/IV/2000 in the Murabahah bil Wakalah contract. And data analysis using descriptive qualitative. The practice of the Murabahah Bil Wakalah contract At PT Bank BTN Syariah Pekalongan Branch Office, most of the practices of the Murabahah bil Wakalah contract have complied with the provisions of the DSN Fatwa No. 04/DSN-MUI/IV/2000. However, there are still provisions that have not been fulfilled, namely the financing of the murabahah contract directly before the end of the wakalah contract or the house being traded in principle does not belong to the bank so that it is not in accordance with the provisions of the DSN Fatwa No.04/DSN-MUI/IV/2000 which states that the bank wants to represent the customer for the purchase of an item from a third party, the murabahah sale and purchase contract must be executed after the goods have become the property of the bank.

Implementasi Akad Murabahah di Koperasi Jasa Keuangan Syariah BMT Mandiri Sejahtera Jawa Timur


 In connection with the growing number of Islamic financial institutions in the country, the development of these Islamic institutions is something to be grateful for but also to be wary of. This vigilance is related to the existence of a pure sharia system that is applied or is it just a deviation from sharia principles that only participate in pinning the name”sharia” solely in order to follow the trend of market needs without paying attention to and apllying the actual sharia rules. Therefore, so that the public, especially customers, can distinguish which financial institutions are implementing financing that is in accprdance with actual Islamic law and which ones are only embedding the name of sharia. The form of murabahah financing is stil the dominantr form of financing ins Islamic banking. Murabahah is a sale and purchase contract of goods by stating the acquisition price and profit (margin) agreed between the seller and the buyer. Because the definition calls for an “ agreedprofit”, the characteristic of murabahah is that the seller must notify the buyer of purchase price of the goods and state the amount of profit added to the cost.

Analysis of the Wa’d Ijarah Muntahiyah Bi al-Tamlik (IMBT) Contract From the Perspective of Islamic Law and Indonesian Civil Law

Akad Ijarah Muntahiyah Bi al-Tamlik (IMBT) is a lease agreement that ends with the transfer of property rights by way of sale and purchase or grants at the end of the lease period. The ijarah contract and the sale and purchase contract are connected with a promise. Based on the DSN-MUI fatwa number: 27/DSN-MUI/III/2002 concerning IMBT, the promise (wa'ad) is non-binding, thus causing legal uncertainty for LKS and customers. Then the DSN-MUI issued a fatwa number: 85/DSN-MUI/XII/2012. Then the promise (wa'ad) in the IMBT contract became binding (mulzim). Of course, this has an impact on the occurrence of ta'alluq risk and has the potential to meet conditional buying and selling. This research uses normative juridical methods with a statutory and conceptual approach. The results of the analysis show that the legal status of fulfilling promises (wa'ad) in every Sharia transaction and business is binding (mulzim) and has caused many benefits for the Islamic economic community, such as legal certainty and guaranteed contract continuity, especially in the IMBT contract. Viewed from the point of view of Indonesian Civil Law, IMBT contracts or contracts are included in non-named agreements. This is contained in Article 1319, which arises from the principle of freedom of contract (Article 1338), and IMBT contracts also meet the requirements of valid agreements as contained in Article 1320 of the Civil Code and the legal consequences caused by IMBT contracts, namely rights and obligations.

Legal Review On The Consensuality Principle Of Buy And Sale Contract In Property Rights Object (Comparison Between The Civil Code And Islamic Law)

The purpose of this study is first, to examine and analyze the sale and purchase contract in the Civil Code. Second, to examine and analyze the similarities and differences between the Civil Code and Islamic law on the principle of consensuality in buying and selling contracts. This research method uses a normative juridical approach. This study emphasizes the steps of normative and qualitative juridical analysis. Based on the theme of this study, and the formulation of the problem, the researchers used a normative juridical approach. The specification of this research is descriptive analytical research. The results of the study show that 1) In the Civil Code, consensuality is the main cause of buying and selling. At the moment of agreement, the sale and purchase has occurred. Likewise in Islamic law, the agreement is an element of buying and selling, but it is not enough just to agree, but the terms and conditions of sale and purchase must be fulfilled. Therefore, Islamic law adheres to the principle of consensuality accompanied by other requirements. 2) The implications of applying Article 1458 of the Civil Code are positive and negative. The positive is that people will easily make a sale and purchase agreement. But along with that there is a negative that is very easy for fraud or fraud from one party.