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All Journal JURISDICTIE Jurnal Hukum dan Syariah JURIS (Jurnal Ilmiah Syariah) Jurnal Integrasi Ilmu Syariah (Jisrah) EKONOMIKA SYARIAH : Journal of Economic Studies Analisis Gender dan Agama

Elsy Renie

UIN Mahmud Yunus Batusangkar

Author-ID : 4429390

Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 11 Documents Claim Missing Document

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The Urgency of Fatwa in The Law of Sharia Economics in Indonesia Elsy Renie
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.

Implications of the Pagang Gadai Contract on Disharmony Social Actors in Minangkabau Community Syukri Iska; David David; Elsy Renie; Ifelda Nengsih
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

This study aims to explore the implementation of the pagang gadai contract and identify its impact on the social disharmony of actors in the Minangkabau community. The category of this research is ethnography, with data collection techniques through in-depth interviews with 13 people as resource persons who were determined based on purposive sampling and snowball sampling, located in 5 Nagari in Tanah Datar Regency, as a representation of the Nagari of origin of the Minangkabau people. The results of the study found that the implementation of pagang gadai as a form of part of debt and receivable transactions has many variants in processing and utilizing the results of the object of pawning land. Some are managed by the pawnbroker (the debtor) with some of the proceeds destined for the pawnbroker (the debtor), in addition, some are managed by the pawnbroker with the proceeds of the object being fully under his control. As for the impact on social relations, there has been disharmony, both internal to the pawnbroker and between the pawnbroker and the pawnbroker, which is caused by inconsistencies in the implementation of customary norms and rules, unequal paradigms in following up on awareness of mistakes in the implementation of pawning so far, and also because authoritarian leadership pattern on “mamak” as tribal head.

Co-Authors Ativa Riani David David Deri Rizal Dewi Putri Farida Arianti Hibatul Wafi Husein 'Azeemi Abdullah Thaidi Ifelda Nengsih Intan Nafri Yulita Laylia Selsi Qodri Gusti Rahmi Ramadhani Siska Elasta Putri Syukri Iska, Syukri Ummi Annis binti Yusof Yogi Harian Nanda Yustiloviani Yustiloviani Zainuddin Zainuddin

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