Sharia Economic Law Research Articles

HIERARKI PERATURAN PERUNDANG-UNDANGAN HUKUM EKONOMI SYARIAH DALAM PERBANKAN SYARIAH

Legal hierarchy is a term used for a legal structure that is tiered to become the basis for the authorities authorized to form it. Low norms are based on high norms, so that low (inferior) norms do not conflict with higher (superior) norms. The basis of the highest hierarchical sharia law is Islamic law, then other laws refine and are formed based on previous laws. This research uses a library research approach, with a qualitative descriptive method, looking for relevant sources related to the problem and then describing the data to describe the regulatory framework for Islamic economic law for use in sharia banking. This article will discuss the hierarchy of sharia economic law and regulations used in sharia banking. The two legal bases used in sharia banking are normative law (Islam) and positive law (state). Sharia financial institutions and the public can use this hierarchy as a reference in carrying out sharia contract transactions and resolving sharia economic law disputes.

PENENTUAN SYARAT PADA PERTENGAHAN PERJANJIAN DALAM JUAL BELI KREDIT PERALATAN PERTANIAN

Buying and selling as a means of getting goods easily. Buying and selling credit is a sale and purchase transaction carried out by the community using the payment in installments (installments). Such as buying and selling credit carried out by villagers Payo Bay, Banyuasin district. The concept of buying and selling on credit is the element of time, element of risk, element of submission, element of trust, and element of approval. Buy and sell This credit helps the residents of Teluk Payo village. They can buy agricultural equipment by paying it off because they don't have enough money if buying in cash. By buying equipment for farming. This certainly makes it easier for them to farm and the results will be more Good.In writing a thesis using field research (field research) because this research was carried out in the field, namely about the practice of buying and selling credit agricultural equipment in Teluk Payo Village, Banyuasin Regency. As for analyzing the author's data using primary and secondary data methods, ie the method of analysis describes a situation or area of a particular population directly factual. Conclusions that can be drawn from the writing of this thesis is the result of the study, it can be concluded that in the practice of buying and selling credit this agricultural equipment there is a discrepancy that occurs between the parties involved, namely the additional of the amount of money that was not agreed upon. Which one This discrepancy occurs because of the failure of these farmers in farming. That application of intermediate conditions in the financing of agricultural equipment in the village Payo Bay, Banyuasin Regency is not yet fully following the principles of sharia economic law. This can be seen from several conditions that still violate sharia principles, such as adding a certain amount of money to maximize profit.

E-Commerce: The Mechanism of Flash Sale on Perspective Indonesia’s Positive Law and Sharia Economic Law

Technological developments provide easier access to marketing and buying and selling to the public. This opportunity is also used as widely as possible to market products with various online marketing strategies, one of which is flash sales. Flash sales became popular and became a buying and selling mechanism that was widely applied by online merchants. However, this leaves a question mark about the law of the flash running mechanism both in terms of Indonesia's positive law and sharia economic law in particular. The research method used in this study is qualitative research with a cross-site study approach. Primary data sources are obtained from direct searches on e-commerce platforms, while secondary data is obtained from journals and other published research results. The results of this study show that the flash sale mechanism that has been running so far in Indonesia has been in accordance with Indonesia's positive law and sharia economic law, both from normative, social, and sharia aspects itself.

SOCIETAL BEHAVIOR TOWARDS ISLAMIC INSURANCE: A SOCIOLOGICAL AND ANTHROPOLOGICAL PERSPECTIVE ON SHARIA ECONOMIC LAW

Islamic insurance has become a popular investment choice among Muslim communities, as it offers a means to mitigate future risks. The success of Islamic insurance companies is closely linked to the community's understanding of the importance of Islamic insurance. This study aims to identify and analyze the factors influencing societal behaviour towards Islamic insurance from a sociological and anthropological perspective on Sharia economic law. The analytical methods include data reduction, fact presentation, and conclusion drawing. The study's findings indicate that the most significant factor influencing the decision to adopt Islamic insurance is the level of understanding of Sharia principles, followed by the quality of the products. However, indicators such as premiums and promotional activities are less known among respondents, suggesting that insurance companies must enhance their efforts to promote Islamic insurance to the public. This research provides a deeper understanding of the factors influencing societal behaviour towards Islamic insurance and offers relevant recommendations for developing effective marketing strategies for Islamic insurance in Indonesia from both sociological and anthropological perspectives.

OPTIMASI PENGGUNAAN MEDIA SOSIAL OLEH MAHASISWA HUKUM EKONOMI SYARIAH: ANALISIS STRATEGI EFEKTIF PADA PLATFORM YOUTUBE

This research aims to analyze effective strategies in optimizing the use of social media, especially on the YouTube platform, by students of Sharia Economic Law. The focus of the study is on students' efforts to utilize social media as a relevant and beneficial tool within the context of social media business from an Islamic perspective, while also identifying legal protection issues related to YouTube social media content. The qualitative research method involves strategy analysis through surveys, interviews, and observations of Sharia Economic Law students, particularly those who are content owners (youtubers) actively using YouTube as a platform for content uploads. The content produced by youtubers is acknowledged as copyright that needs protection. The obtained data is then analyzed to explore and document comprehensive aspects within the JABODETABEK region. The research findings provide profound insights into the optimization of social media usage by Sharia Economic Law students, revealing inadvertencies in mentioning and attributing specific parties disseminated in the public domain. This may lead to prohibited defamation in Islam and conflict with the ITE Law. Islam emphasizes the importance of conveying information truthfully and avoiding manipulation or exploitation of facts. Other findings indicate that the presence of hackers has an impact on the protection of YouTube by youtubers. The implications of this research can contribute to the development of innovative learning strategies and enrich the understanding of students regarding the implementation of Sharia Economic Law in the digital era.

Exploring english language needs: Non-english major students at University of Al-Qolam Malang

This research investigated English language needs for new students majoring in non-English who are taking courses in the Foreign Language Center program. This research approach used qualitative with descriptive methods. The subjects in this research were new students majoring in non-English. The data in this research was obtained through two stages, namely Focus Group Discussion (FGD) involving six students who were representatives from each study program; Indonesian Language Tadris, Mathematics Tadris, Islamic Religious Education, Sharia Economic Law, Ahwal Al-Shakhsyiyyah, and Islamic Teaching Communication, and distribution of questionnaires filled in by 127 students. Here the researcher found that most students (75%) who took part in the Foreign Language Center (English) program wanted to master all English language skills; listening, speaking, reading, and writing. Apart from that, the English components they need are vocabulary and grammar with a percentage (78%). Furthermore, regarding the abilities and components of English, students want the lecturer's strategy used in the learning process to be text-based teaching. Therefore, researchers provide recommendations so that learning is implemented using relevant methods such as the Grammar Translation Method (GTM), Direct Method (DM), Audio Lingual Method (ALM), and Communicative Language Teaching Method (CLT).

INTEGRATING ISLAMIC BUSINESS ETHICS IN LABOR PROTECTION AND MINIMUM WAGE DETERMINATION IN INDONESIA

Policies related to the minimum wage are a contentious issue in employment across both developed and developing countries, aiming to meet community needs and benefit families. However, a research gap exists in applying justice and moral principles to wage determination from the perspective of Sharia economic law in Indonesia. This study aims to analyze fair wage components according to Islam and the role of business ethics in protecting workers and determining wages. Employing a literature review method, data were gathered from various sources such as books, journals, and previous research findings, which were reviewed and analyzed using descriptive analysis techniques. The study emphasizes the importance of justice and moral components in Islamic wage determination, rooted in the absolute essence granted by God, essential for morality. Business ethics in work protection and wage determination are crucial to ensure fair treatment and prevent exploitation. Recommended steps include optimal labor protection and wage determination, timely payment of agreed wages, recognition and guarantee of labor, fair wage determination without harm, and providing worker freedom. The study's novelty lies in integrating Islamic principles of justice and morality into minimum wage policies and developing practical business ethics guidelines for labor protection and wage determination under Sharia economic law in Indonesia.

The Practice of Buying and Selling Artificial Insemination Seeds in Cows Reviewed According to Sharia Economic Law

The Practice of Buying and Selling Artificial Insemination Seeds in Cows Reviewed According to Sharia Economic Law

TINJAUAN HUKUM EKONOMI SYARI’AH TERHADAP AKAD PERJANJIAN KERJA SAMA ANTARA PORTER DAN PT. KAI

The cooperative relationship between the company and the workers still leaves serious problems regarding the rights and obligations of each party, as well as what happens in the cooperative relationship between the porter and the company PT. KAI at Palembang Kertapati Station. This study aims to determine the mechanism of the work relationship between the porter and PT. KAI at Palembang Kertapati Station, knowing the role of porters in improving the service quality of PT. KAI at Palembang Kertapati Station, and knowing the sharia economic law review of the cooperation agreement between the porter and PT. KAI at Palembang Kertapati Station. The method used in this research is to use a qualitative approach. This type of research is field research. Sources of data used are primary data sources and secondary data sources. Respondents or informants in this study are people who have knowledge of the work of porters at Palembang Kertapati Station, and some of the porters themselves. Data collection techniques are carried out through observation, interview, and documentation techniques. The results of the analysis in the discussion can be concluded from several points, namely: First, the working relationship between the porter and PT. KAI at Palembang Kertapati Station is a volunteer worker at PT. KAI that works at Palembang Kertapati Station with a permit and coordination mechanism at the Head of Kertapati Station in Palembang. Second, the role of porters in improving the service quality of PT. KAI at Palembang Kertapati Station is to fulfill the vision of PT. KAI. And third, a review of sharia economic law on the cooperation agreement that if viewed based on the contract, the work agreement or syirkah (in Islamic view) that occurs between the porter and PT. KAI is a syirkah 'abdan / syirkah' charity, and if seen according to thecontract ijarah, even though in the working relationship between the porter and PT. KAI at Palembang Kertapati Station according to PT. KAI that porter is not part of PT. KAI and also not part of Palembang Kertapati Station, but the wages earned by porters are directly from passengers who use their services on the terms of the rates set by PT. KAI.

Normative Justice and Implementation Related to Sharia Economic Law Disputes in Realizing Legal Certainty and Justice in Indonesia

Academic problems stem from the results of sharia economic dispute decisions issued by the Surabaya High Religious Court (PTA) which do not fulfill the elements of certainty and justice, both at the normative (book in law) and implementation (law in action) legal levels. The losing parties can only file objections for simple cases and submit an appeal. So this is contrary to the principle of contante justice (speedy trial) in court. So the aim of this research is to analyze this. The method used in this research is normative juridical. The theories used in this research include the theory of legal certainty and justice, sulh theory, and the theory of judicial power. The research results prove that in order for the Surabaya High Religious Court (PTA) to be able to apply the principle of contante justitie (speedy trial) effectively, especially in deciding cases of sharia economic disputes, judges at the Surabaya PTA must be based on the basic principles of Islamic sharia, namely maqasid al-syariah In deciding the case, it includes: 1) not making things difficult ('adam al-haraj), 2) not reducing the burden (taqlil al-taklif), 3) Equality and Justice (al-Musawah wa al-Adalah).

IMPLEMENTASI ISTIHSAN DALAM PANDANGAN HUKUM EKONOMI SYARIAH

The aim of this research is to describe the study of Philosophy as a method for understanding Islamic law, especially in the field of sharia economics. The research approach uses qualitative research with the type of documentation or text study research, namely, a series of activities using collecting information relevant to the research topic, reading, taking notes and processing research materials. Meanwhile, analysis is used to carry out deeper discussions based on the information that has been obtained. The results of the research in this paper show that Philosophy is an important option in developing sharia economic law, such as salam sale and purchase contracts, al-istisna', murabahah, online shops, and vending machines which can now be investigated using the Philosophy Science method, apart from that. The advantages of applicable law with the basic aim of Philosophy are to eliminate Mudharat and achieve Ma?la?ah.

PRAKTIK SEWA MENYEWA PERALATAN KEMAH DALAM BINGKAI HUKUM EKONOMI SYARIAH

Exploring the rental practices of camping equipment within the framework of Sharia economic law is an area that has not been extensively researched. This study aims to describe the rental practices of camping equipment at the Handy Talky and Tent Rental Outlet in Palu and to assess their compliance with the principles of Sharia business contracts. The research methodology employed is empirical, utilizing interviews and direct observation as the primary data collection techniques. This approach seeks to understand the application of law in real social interactions. The study reveals that the rental process of camping equipment at the Handy Talky and Tent Rental Outlet in Palu involves several stages, from equipment selection to the return of the items. This practice reflects the application of Sharia business contract principles such as al-Hurriyah (freedom to contract), al-Musawah (equality), al-‘Adalah (justice), al-Ridhaiyyah (mutual consent), Ash-shidiq (honesty), and al-Kitabah (written documentation). Although these principles are generally adhered to, there is a weakness in the detailed written documentation. Conversations on social media and borrower records do not cover all the essential aspects of the agreements. The study suggests that to enhance compliance with Sharia business contract principles, more comprehensive and formal written contracts are needed. This research provides valuable insights for the development of policies and business practices that are more aligned with Sharia economic law.

Analisis Pertimbangan KPPU Terhadat Keterlambatan Notifikasi Akuisisi Saham Perspektif Hukum Ekonomi Syariah

This study aims to examine the consideration of decisions made by the Business Competition Supervisory Commission (KPPU) related to the Share Acquisition made by PT Matahari Pontianak Indah Mall, from the view of sharia economic law and also the view of positive law. The research method in this study uses normative juridical method, then explained with descriptive method. So that the results of this study provide an understanding that the case in this decision is not considered a violation in the perspective of sharia economic law but juridically the case is still considered to violate the provisions of article 29 of Law number 5 of 1999 which regulates the prohibition of monopolistic practices and unfair business competition.

Sistem Ngadas Sapi Persepektif Hukum Ekonomi Syariah Dan Hukum Adat (Studi Kasus Di Desa Mekarsari Kecamatan Gunungsari)

This research aims to address the following questions: (1) How is the implementation of the "ngadas sapi" system in Mekarsari Village, Gunungsari District conducted, and (2) What are the perspectives of sharia economic law and customary law on the "ngadas sapi" system in Mekarsari Village, Gunungsari District. This study is qualitative research, specifically a field research. The approach used is descriptie qualitative, analyzing data based on interview results. Data collection techniques include direct observation in Mekarsari Village, interviews to support and complement the research information, and documentation to supplement data and theory. The results of the study indicate that the cooperation in the form of "ngadas sapi" in Mekarsari Village is a type of business activity that falls under the wage contract category. According to customary law, it has become a legal basis as it has been established as a local custom and does not contradict other laws

TINJAUAN HUKUM EKONOMI SYARIAH TERHADAP KREDIT USAHA RAKYAT (KUR) SYARIAH PADA PEGADAIAN SYARIAH CABANG PASAR RENTENG PRAYA LOMBOK TENGAH

UMKM have great potential in economic development in Indonesia. However, there are still many UMKM sectors that face problems in developing their businesses, namely limited financial problems in obtaining additional capital. Currently, many financial services offer capital loans, one of which is the Renteng Sharia Pawnshop institution which distributes Super Micro People's Business Credit (KUR). Because the distribution of Super Micro KUR has only just begun to be distributed, it is necessary to examine everything related to distribution practices, namely the process/procedures, terms, contracts, conditions and whether the problem resolution process is in accordance with the economic system in sharia economic law. This research uses a field/empirical approach with qualitative research methods that describe the objects or subjects studied in depth using empirical evidence obtained through interviews, observation, documentation of reality in the field. The research results show that credit in Islam is permissible because originally there was no text that forbade it. Most scholars say yes. The distribution of Super Micro KUR at Renteng Syariah Pegadaian does not contain anything that is detrimental to both parties and is in accordance with sharia economic law because it has implemented the principles of justice ('adl), balance (tawazun), benefit (maslahah), and does not contain elements of gharar (vagueness/obscurity). vaguely, maysir (gambling), usury, dzulm (tyranny), risywah (bribery), and other haram objects.

Analisis Hukum Terhadap Konsep Riba Dalam Transaksi Jual BeliOnline Menggunakan Shopee Pay Later Pada Perspektif KompilasiHukum Ekonomi Syariah

The purpose of this research is to determine the mechanism for using Shopee PayLater in the Shopee applicationand the views of the compilation of sharia economic law on the mechanism of buying and selling contracts usingShopee PayLater. This research uses an empirical normative juridical approach and the type of research uses aqualitative approach which includes the results of online surveys and interviews, with various written informationthat explains the buying and selling mechanism using Shopee PayLater payments in the view of the ShariaEconomic Law Compilation. This data relates to Shopee PayLater service provisions, payment systems, billing anduser statements. The techniques used by the author are direct and online interviews as well as literature study. Theresults of this research are that the requirements for activating Shopee PayLater are that you must have a Shopeeaccount that has been verified by Shopee and must have an ID card to activate it. The payment system is ininstallments 2 times, 3 times, 6 times and 12 times per month. Bill payments can be made via m-banking, ATM,Indomart, Alfamart, or other payments. The use of Shopee PayLater is included in the qardh contract which hasbeen regulated in the Compilation of Sharia Economic Law in article 20 paragraph 36 which explains the meaningof Qard and the articles related to qard in the use of Shopee PayLater, namely in article 606, article 607, article 608,Article 609 and Article 611. According to several legal opinions, Shopee PayLater can be said to be usury when thereis an ziyadah or additional element required in advance by the paylater publisher for its consumers. Included in thetype of debt usury which is prohibited. However, if Shopee PayLater charges additional fees then it is not usury. Aslong as the additional costs are counted as services or ijarah.Keywords: Usury, Online Buying and Selling, Shopee PayLater, Compilation of Sharia Economic Law

Simplified Lawsuits in Dispute Resolution Within Sharia Economic Law in Indonesia

This research is based on the numerous disputes in Sharia economic law within Sharia Business Financial Institutions, legal aid in the field of Sharia economic law, and civil matters that have not been well resolved. The Regulation of the Supreme Court of the Republic of Indonesia (PERMA RI) No. 4 of 2019 regulates the resolution of Sharia economic law disputes in a simplified manner. However, the socialization of this regulation to the public is still lacking, causing frequent obstacles in the implementation of this PERMA RI. This research is a literature study with a juridical approach aimed at analyzing the implementation of PERMA RI in the resolution of Sharia economic cases. The primary data in this research includes PERMA RI No. 4 of 2019, PERMA RI No. 14 of 2016, PERMA RI No. 2 of 2015, and PERMA RI No. 1 of 2016. Several relevant cases are used as important data to analyze the implementation of these regulations. The results of this research show that the process of simplified lawsuits in the resolution of Sharia economic disputes, which is expected to be easier, faster, and cheaper in court, has not been realized in accordance with PERMA RI. This needs to be a concern for the Supreme Court because most Sharia economic dispute cases involve companies and the public. If the Supreme Court regulations are not properly implemented in court proceedings, it will create a space for injustice. Therefore, the socialization of these Supreme Court regulations needs to be enhanced by academics and practitioners so that their implementation in the future can be�better.

The Existence and Development of Compilation of Sharia Economic Law (KHES) and Its Urgency in Resolving Sharia Economic Law Disputes in Indonesia

This research delves into Sharia Economic Law (KHES) as a regulatory framework for resolving Sharia economic disputes in Indonesia, examining its historical, political, and philosophical dimensions alongside its practical urgency. Employing a qualitative literature review, it analyzes secondary data from various sources such as books, journals, and research findings to elucidate KHES's development and its significance in dispute resolution. KHES was established in response to Law No. 3 of 2006, which expanded the jurisdiction of Religious Courts in Sharia economic matters. It harmonizes diverse scholarly opinions from traditional sources like fiqh texts and fatwas issued by DSN-MUI, providing a legal compass for Muslim economic activities. Despite not being formally ranked within Indonesia's legislative hierarchy, KHES, born out of PERMA No. 2 of 2008, serves as a key legal reference for Religious Court judgments and informs legal deliberations on Sharia economic issues. Efforts are underway to potentially elevate its status to that of Government Regulations, ensuring its broader enforceability within the Indonesian legal system.

Murabahah Financing in Islamic Banks with Fiduciary Collateral Review from the Perspective of Legal Certainty and Utility

One of the financing contracts offered by Islamic banks is the Murabahah financing contract. The Murabahah financing contract functions to increase the utility of money and capital, as well as the utility of goods. Article 127 of the Compilation of Sharia Economic Law (KHES) allows the seller to request the buyer to provide collateral in the Murabahah contract. Fatwa DSN-MUI No. 03/DSN-MUI/IV/2000 regarding Murabahah permits banks to request collateral from financed customers. This provision aims to ensure that customers are serious about making payments. Based on KHES and the fatwa, banks are allowed to request collateral from customers to protect or ensure that their rights are not violated. In practice, to ensure that customers comply with payments, banks request collateral from customers. This collateral can be movable or immovable property. Collateral in the form of immovable property is called fiduciary collateral. Fiduciary collateral is regulated in Law No. 42 of 1999 concerning Fiduciary Collateral (UUJF). According to Article 5 paragraph 1 of UUJF, the imposition of collateral with fiduciary collateral "must" be made by a notarial deed. With this provision of UUJF, there is a difference. KHES and the fatwa of DSN MUI do not require financing contracts to be made using a notarial deed, while UUJF requires it to be made by a notarial deed. Islamic banks, some of which require financing contracts to be made by a notarial deed, while others do not. The adoption of UUJF in Islamic financing is considered inappropriate because it violates Sharia values. Objectives: (1) Explain the regulations used in Murabahah financing contracts in Islamic banks with fiduciary collateral according to the objectives of legal certainty and utility. (2) Describe the implementation of legal protection for customers using Murabahah financing contracts in Islamic banks with fiduciary collateral according to the objectives of legal certainty and utility. Research Method: Research approach: normative juridical. Research nature: descriptive analysis. Data types: secondary data and primary data. Sample determination technique: purposive sampling. Data collection technique: literature study and interviews. Data analysis technique: interpretation and legal analogy.

Analysis The Element of the Gharar in The All You Can Eat System From The Perspective of Sharia Economic Law

Transactions in restaurants with the All You Can Eat system have attracted public attention because it gives customers freedom to take portions of food with a predetermined time limit and price. This study aims to analyse the element of gharar in the All You Can Eat system and provide insight into the legal issues and solutions related to this system. The research uses a qualitative method. The result is that there is an aspect of gharar in the All You Can Eat transaction system, and it reduces the validity of the transaction from the perspective of sharia economic law. To overcome this problem, the solutions that can be taken are improving the transparency aspect of menu presentation, determining reasonable consumption limits, implementing clear rules and regulations, and educating customers about the All You Can Eat concept and the responsibilities of using the system. In addition, restaurants can also consider a pre-set menu or meal plan system. This can reduce ambiguity in transactions and provide a more structured dining experience. Keywords: All You Can Eat, Sharia Economic Law, Gharar.