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All Journal Al-Iktisab: Journal of Islamic Economic Law Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Daud Sukoco
Universitas Darussalam Gontor
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Investment Cooperation Agreement on Equity Crowdfunding Platform from the Perspective of Sharia Economic Law Muhammad Irkham Firdaus; Muhammad Abdul Aziz; Daud Sukoco; Novan Fatchu Alafianta
AL- IKTISAB Journal of Islamic Economic Law Vol 5, No 1 (2021): Al-Iktisab: Journal of Islamic Economic Law
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/al-iktisab.v5i1.5626

Abstract

Equity crowdfunding is a new innovation in finance, which is an external product of financial technology, by combining financial systems with information technology. Equity crowdfunding is a combination of investment business model with information technology, where meetings between investors and fund managers are conducted online through websites on this platform. Crowdfunding equity platform is now growing rapidly and is very popular among the community, due to some of the facilities offered by the platform organizers for service users. Therefore, further research needs to be done on this business practice, which covers all aspects of the mechanisms and systems on this platform. The purpose of this study is to determine the mechanisms and systems of all aspects of the investment cooperation agreement model applied on the equity crowdfunding platform. The intended aspects include the mechanism of agreement (contract), profit sharing system, user protection, stock trading mechanism, dispute resolution, risk management, and so on. Furthermore, it aims to determine its compliance with Islamic law and the positive laws that apply in Indonesia. Investment agreements on equity crowdfunding platform can be implemented in mudharabah agreement, meanwhile, the agreement between the crowdfunding service provider and the crowdfunding user can use the wakalah bil ujrah contract. The percentage to revenue ratio can use the profit and loss distribution system and the revenue distribution system according to the agreement. Equity crowdfunding platform should really pay attention to consumer protection in accordance with the provisions in accordance with POJK and hifdzul maal theory. In addition, it must carry out risk management to minimize the occurrence of losses for some parties, and create a dispute resolution mechanism in accordance with Islamic law and economic law.
Implementation Of Khiyar On Ba'i Salam Transactions In Student Cooperative At Islamic Boarding School Darussalam Gontor For Girl 2 According To Fiqh Muamalah Daud Sukoco; Zulfatus Sa'diah; Aqif Khilmia
Al - Muamalat: Jurnal Hukum dan Ekonomi Syariah Vol 7 No 1 (2022): Jan-Juni 2022
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v7i1.4039

Abstract

Abstract Basically, buying and selling transactions in determining the contract, the party who transacts has the right to continue or cancel a contract. A solution in Islam, offering the right of khiyar. The purpose of this study was to determine the implementation of Khiyar in Ba'i Salam transactions at the Student Cooperative Store and to review it from the perspective of muamalah fiqh. The conclusion is that in the practice of ba’I salam carried out by the Gontor Putri 2 student cooperative with distributors, they have implemented khiyar aib, khiyar ru’yah, and khiyar syarat. When viewed from the point of view of fiqh muamalah, the application of khiyar aib is appropriate, because there was a new defect known to the buyer after the contract was made and before the receipt. khiyar aib is still allowed in muamalah fiqh because khiyar aib does not prevent the perfection of the handover of goods. However, the actual khiyar ru’yah, and khiyar syarat in ba'i salam are not necessary, because if the order has the right of the khiyar, then the goods will be borne by the seller, and so on, it is enough just to mention the specifications of the goods for the validity of the salam contract. Keywords: Khiyar, Ba’i Salam
Co-Authors Alafianta, Novan Fatchu Aqif Khilmia Muhammad Abdul Aziz Muhammad Irkham Firdaus Zulfatus Sa'diah