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INDONESIA
Justisia Ekonomika
Published by Universitas Muhammadiyah Surabaya
ISSN : 25985043     EISSN : 2614865X     DOI : https://doi.org/10.30651/justeko.v7i2
Core Subject :
Arjuna Subject : -
Articles 151 Documents
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PENGARUH PREMI DAN KLAIM TERHADAP DANA TABARRU’ PADA PERUSAHAAN ASURANSI JIWA SYARIAH DI INDONESIA PERIODE 2016 – 2019 Deviana Indah Saputri; Sutan Wirman
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 1 (2022): Juni 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i1.7229

Abstract

Penelitian ini bertujuan untuk mengetahui seberapa besar pengaruh premi dan klaim terhadap dana tabarru’ pada perusahaan asuransi jiwa syariah di Indonesia periode 2016 – 2019 . Penelitian ini merupakan jenis penelitian deskriptif kuantitatif dan sumber data dalam penelitian ini adalah data sekunder. Populasinya adalah perusahaan asuransi jiwa syariah di Indonesia tahun 2016 – 2019 sedangkan samplingnya adalah 5 perusahaan asuransi syariah di Indonesia. Teknik analisis berupa uji asumsi klasik,  regresi linier berganda, uji t (pengaruh parsial) dan uji f (pengaruh simultan). Berdasarkan hasil analisis uji t, nilai signifikan dana tabarru’ yaitu 0,000 premi dan 0,003 klaim yang artinya kedua variabel tersebut secara parsial berpengaruh signifikan terhadap dana tabarru’ perusahaan asuransi jiwa syariah di Indonesia, sedangkan untuk analisis uji f, nilai signifikan premi dan klaim terhadap dana tabarru’ adalah 0,000 yang berarti secara simultan premi dan klaim berpengaruh signifikan terhadap dana tabarru’ perusahaan asuransi jiwa syariah di Indonesia.
IMPLEMENTASI MAQASHID AL-SYARIAH DALAM PENETAPAN UPAH MINIMUM PEKERJA BERBASIS KEADILAN ZULAIKAH ZULAIKAH
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 1 (2022): Juni 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i1.10689

Abstract

This research is intended to provide a solution in determining the minimum wage for workers that realizes a sense of justice based on values derived from Islamic sharia, so this research is focused on discussing how maqashid al-syariah is used as the basis for determining the minimum wage for workers in order to achieve a sense of justice for both workers and for employers. This research is limited to the following problem formulations: (1) How is the determination of the minimum wage for workers according to positive law; (2) How is the minimum wage for workers determined according to Islamic law; d (3) How is the implementation of maqashid al-syariah regarding the determination of the minimum wage for workers based on justice. This research is normative legal research or library research. The approach used is the statutory approach (that is, an approach in research that uses the law as the basis for its analysis) and the conceptual approach (this approach is used to build a concept where not or have not found clear legal rules regarding the problem under study). The results of this study are: (1) Determination of the minimum wage for workers by the Governor is based on a proposal from the Wage Council. The amount of wages that is considered for its determination is based on the results of a survey conducted by the Wage Council. (2) In Islamic law, the minimum wage is not determined with certainty either by the arguments of the Qur'an or Sunnah, but through the prevailing customs in society with the principle that the minimum wage provided by the employer must be able to meet the basic needs of the worker. and his family. (3) The implementation of maqashid al-syariah regarding the determination of the minimum wage for workers can be realized in the form of implementing sharia commands and abandoning sharia prohibitions in muamalah.Keywords: Maqashid al-Syariah, Minimum Wage, Workers, Justice.
PRAKTEK PEMBIAYAAN MUDHARABAH BERTINGKAT PADA BANK SYARIAH Nizar Zikri Romdhani; Abdul Mujib
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 1 (2022): Juni 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i1.12464

Abstract

This article is library research with research data sources sourced from primary and secondary sources. Primary data sources in the form of the Qur'an, hadith, laws, Fatwa DSN MUI, and others. While the secondary sources are fiqh books, books, journals, websites, and others. The data analysis method used is a qualitative-descriptive analysis method. The description of the data is divided into several stages, namely: Islamic banks in Indonesia, mudharabah in the perspective of fiqh muamalah, and the practice of financing mudharabah multilevel in Syariah Public Banks. Syariah Public Banks is an Islamic bank that in its activities provides services in payment traffic. Deposits in Sharia banks are investment funds based on mudarabah contracts or other.contracts that do not.conflict with Sharia principles. In practice, the fund manager (mudharib) invests money or repeats mudharabah, then there is a multilevel mudharabah contract which the fiqh scholars argue about its legal status, some allow it and some don't allow it. The research method is based on normative juridical and data collection methods that the authors use as a literature study. In this case, the Islamic bank is not only a mudharib, the Islamic bank is also a shahib al-mal. Based on the opinion of rajih among scholars, the law of conducting a multilevel mudharabah contract may be based on two considerations, namely urf considerations and the absolute concept of mudharabah.
EKSEKUSI JAMINAN DALAM PEMBIAYAAN MURABAHAH PADA BANK UMUM SYARIAH Robi’ah Awaliyah; Abdul Mujib
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 1 (2022): Juni 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i1.12746

Abstract

This article is a library research with research data sources sourced from primary and secondary sources. The primary data sources in this study are the Qur'an, hadith, laws, and fatwa. While the secondary sources are books, journals, theses, websites and others. The data analysis method used is a qualitative-descriptive analysis method. One of the financing contracts used by prospective customers to Islamic banks in meeting customer needs is murabahah. Murabahah is a term in Islamic jurisprudence which means a certain form of buying and selling when the seller states the cost of acquiring the goods, including the price of the goods and other costs incurred to obtain the goods, and the desired level of profit (margin). In supporting the continuity of the murabahah contract, Islamic banks need guarantees to minimize risk, for customers who break their promises. Efforts to resolve customer problems in murabahah financing are carried out in 2 (two) stages, namely rescue efforts and settlement efforts. The final solution if the customer has not been able to pay off the debt is by executing the collateral, either by taking over the collateral by the bank, selling it voluntarily or selling the collateral through auction.Keywords: Murabaha, Guarantee, execution
KONSEP PUBLIC GOODS DAN FLOW CONCEPT DALAM UANG MENURUT EKONOMI ISLAM susila susila; Muhammad Rafi’i; Mirna Suci; Bella Cinu Raya; Nada Luqyana Mumtazah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 1 (2022): Juni 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i1.12615

Abstract

Islam views money as a medium of exchange, not as a commodity. Widespread awareness of the role of money aims to eliminate injustice and injustice in the exchange economy. they are classified as fadl riba. Exchange is an unrealistic method of exchange and proves the unimportance of the overall market mechanism. Literature study is data deepening based on theoretical studies and scientific work references. descriptive qualitative research. Data collection techniques in literature study, namely the collection of literature related to research, then analysis and conclusions about public goods, namely the general public can use it without disturbing the use by other people or certain parties. The money saved is not used for the manufacturing sector (idle assets). This amount is reduced because of the obligation of zakat on Muslims. So the money must be rotated (the concept of cash flow). Should not be productive and used as a transaction tool. Like the spirit of Fastabigul Hoyrot, Islam encourages competition in the economic field. alms, waqf, and other activities. The money must also be used for investments and contracts such as musyarokah, mudharabah, wadiah, qardh, and others, in the real sector, as exemplified by the Prophet Muhammad.
KNOWLEDGE MANAGEMENT PADA BANK SYARIAH, STUDI KASUS PADA BANK SYARIAH DI INDONESIA Sri Wulandari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 2 (2022): Desember 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i2.15499

Abstract

Conventional banks have successfully implemented knowledge management strategies by using various models to support their business performance. Limited studies have been proposed on how Islamic Banks manage different knowledge to support their business processes. By using the knowledge management life cycle theory, the researcher studied the knowledge management process in several cases in Islamic banks in Indonesia. Researchers collected data by means of observation, written materials, and in-depth interviews with key informants from the Islamic bank. The results show that the knowledge management life cycle in Islamic banks does not always follow the theoretical model developed by previous research conducted in conventional banking organizations because Islamic banks have different characteristics. Islamic banks must integrate knowledge management into Islamic values and norms before they are stored, shared, used, and improved as shown in the theoretical model. This study explains and provides new insights about the knowledge management life cycle in Islamic banks both for academics and for practitioners. 
KARAKTERISTIK DINAMISITAS HUKUM MUAMALAH TENTANG RAHN DALAM TEORI DAN PRAKTIK (Pertarungan Antara Formalitas Versus Substansialitas Hukum Muamalah) Jamil Uddin; Wawan Afriadi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 2 (2022): Desember 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i2.14264

Abstract

Rahn, as a topic discussion, in Muamalah studies is indivisible from some theories developed by Islamic scholars to formulate various substantive practices. This study deployed literature-review as a research method in purpose to discuss some secondary and primary data such as Islamic-law from the Quran, Al-Hadiths and affirmative-law in Indonesia with Fiqh books as a writing guidance. The results found that there were some similarities and differences regarding Rahn based on two scholars; Hanafi’s and Syafi’s perspectives. In establishing a law (law-istinbath) by Abu Hanifah was utilizing his own Fiqh to be more substantial to discuss the Rahn or Law Istinbath (law establishment) method. What had been done by this mazhab was basically from the Quran, Al-Hadits (As-sunnah), Aqwal al-Shahabah (The opinion of the prophet’s companions), Ijma’, Qiyas, Istihsan, and Urf (Custom). Meanwhile, Al-Imam Syafi’i conceptualized the law istimbath (law-establishment) by the reference in his I’rab Ar-risalah; the Quran, As-sunnah, Ijma’, Qiya, and Istidlal (Istishab). The similarities and differences according to Hanafiyah-scholars that the mazhab divided into two categories in which as absolute approval and absolute refusal. To Syafi’iyah-scholars that the murtahîn were forbidden to utilize the marhun yet they only had right to detain it. The Marhun can only be used by Râhin as the owner. However, in term of Râhin gave permission, the Marhun could utilize it.
THE REALITY OF SHARIA BANKING IN INDONESIA; CRITICAL ANALYSIS OF SHARIA ECONOMIC LAW PERSPECTIVE Karimatul Khasanah; Nurul Khikmah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 2 (2022): Desember 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i2.14999

Abstract

 This article highlights the criticism directed at Islamic banks where many parties think there is no difference between Islamic banking and conventional banks. This assumption comes from at least three realities, firstly, Islamic bank capital comes from conventional banks, secondly, mudarabah which in its implementation, banks provide non-goods funds, and thirdly, Islamic bank products that use mudarabah in practice are different from the theory of mudarabah in classical fiqh. The perspective of Islamic economic law is appropriate to be used to answer these problems. The type of research used in this paper is normative legal research. The data sources used in this paper are primary data in the form of laws and Islamic legal literature. The type of approach in this paper is a conceptual approach, the concept intended is the theories that exist in Islamic law, specifically the theory of mixing halal and haram, the concept of mudharabah and murabahah according to fiqh. This study uses a qualitative method with a literature review approach (library research). The results of the study conclude that Islamic banking capital originating from conventional banks does not damage the contracts made by Islamic banking. Murabahah and mudarabah contracts which in their application are different from classical fiqh theory are actually forms of contract innovation because they adapt to current needs and as a form of embodiment of the principles that exist in sharia economic law.
PENGARUH KONSEP MANAJEMEN SYARIAH TERHADAP BANK DIGITAL Elvira Fatikhoh
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 2 (2022): Desember 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i2.15694

Abstract

The development of digital culture in organizations encourages the emergence of innovations to digitize business. Digital innovation will provide new experiences for customers. In Indonesia, many banks are developing digital banking services to develop their services through digital transformation, such as BCA with Blu, and BTPN with Jenius. The purpose is to increase the number of customers. The existence of digital banking from various conventional banks can make it easier for customers to open accounts, pay bills, shop, and also transfer to other banks or between banks. The increasing number of internet users can make it easier for digital banking to develop in this modern era. Supported by practical features that are easy for the public to understand, transact without having to leave the house. Digital banks allow customers to get banking services independently (self-service) without having to come directly to the bank. Digital banking is different from SMS banking, Mobile-banking, and E-banking, in that these services are banking services that can be accessed alone via smartphones with features ranging from payment transactions, transfers, and purchases, to cardless cash withdrawals at ATMs. A process of activities to achieve goals carried out by individuals who contribute their best efforts through predetermined actions can be called management. Sharia management is management to obtain optimal results that aim to seek the pleasure of Allah SWT. The purpose of this study is to determine the effect of the concept of Islamic management on digital banks, by asking whether this conventional mobile banking application follows Islamic law.
KONTRAK MURABAHAH PADA PRAKTIK LEMBAGA KEUANGAN SYARIAH DAN PROBLEMATIKANYA Tuah Itona
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 6, No 2 (2022): Desember 2022
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v6i2.14371

Abstract

 Murabahah contracts are the most dominant transactions in financing contracts at Islamic Financial Institutions, because they are more consumptive in nature. The customer uses a murabahah contract with credit or installment financing by paying agreeing to the time defined in the initial contract agreement, but since the COVID-19 epidemic has commanded a biggish bump on the economy in the country, government, financial institutions, and the lower middle class especially those who have difficulty earning income and even employees who are laid off from their jobs. So that the financing agreement that was previously implemented becomes problematic because of bad credit financing. This study discusses how to deal with murabahah credit financing during the pandemic and how government policies minimize these problems. The breed of this exploration is archive exploration, the analysis applied in this research is qualitative and descriptive analysis, the data collection method uses the observation method. The results showed that in financing murabahah loans that were problematic during the pandemic, the government issued a policy through Financial Services Authority Regulation Number 48/POJK.03/2020 concerning Amendments to Financial Services Authority Regulation Number 11/POJK.03/2020 concerning National Economic Push as a Contracyclical Policy for the Impact of the Converlet of Corona Virus Disease 2019. In which there is one strategy by implementing credit restructuring or in this case financing as a rescue Try not to get worse and makes it difficult to resolve customer incompetence.

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