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Strategi Perbankan Syariah Dalam Menghadapi Pembiayaan Dengan Akad Mudharabah Yang Bermasalah (Studi di Bri Syariah Pamekasan) Samsul Arifin
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 2, No 1 (2018): Jurnal Justisia Ekonomika
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v2i1.1698

Islamic banking has a main function to distribute funds to the community in need in the form of financing. Financing is a large part of the assets of sharia banks that must be maintained in term of quality. Financing is one of the functions of sharia banks by distributing funds to the community in need (user of funds). One of the contracts used by sharia banks in distributing funds in the form of financing is mudharabah contract. The mudharabah contract is a profit-sharing agreement when the shohibul mall /rabbul mall provides capital (100 percent) to mudharib, to engage in productive activities in which the profit generated will be divided among them according to the agreement specified in the contract.This study is aimed to know and understand how the application of mudaraba contracts and banking strategies in overcoming a financing with mudaraba contracts that are problematic, and to know and understand whether the applied strategy is in accordance with the Fatwa (policies) of DSN MUI.The method used in this research is descriptive qualitative research method or naturalistic research because the research is done on natural condition (natural setting). This descriptive qualitative research method is used to get in-depth data, a data that contains meaning.The findings of the research done in BRI Syariah Pamekasan in facing the financing problems with the mudharabah contract, found two problems. First, the problem arising from the internal banking itself, this problem occurs when BRI Syraiah employees do not run the SOP (procedures) that has been set. Second problem is the external factor of banking. This problem occurs because mudharib/ fund manager has moral hazard. For example, by not using the funds for productive business but used for consumptive costs.Efforts done by BRI Syariah Pamekasan dealing with mudharabah financing problem is by using two approaches. First, the pre-customer approach. This approach focuses on selecting prospective customers both in terms of behavior/ character and business run. Second, the post-customer approach. This approach is carried out when the financing has been distributed to customers and experiencing non-performing financing. This is done by monitoring and restructuring Keywords: Financing, mudharabah contract, banking strategy.

Analisis Hukum Ekonomi Syariah Terhadap Penerapan Akad Murabahah pada Pembiayaan Pendidikan (Studi Kasus Unit Jasa Keuangan Syariah (UJKS) Annuqayah Guluk-Guluk Sumenep Jawa Timur) Abdul Rahman
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 2, No 1 (2018): Jurnal Justisia Ekonomika
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v2i1.1689

AbstractIn either sharia banking or non-banking institutions, murabahah contract becomes an integral part of other products. Murabahah akad is a contract of sale and purchase of goods between a bank and a customer, which the bank notifies a cost of goods and increase the mutually agreed benefits. While the Educational Murabahah Akad in UJKS Annuqayah refers to the UJKS Annuqayah provides goods that support the learning process of education, such as needs of motorcycles, laptops, books and LCD projectors, and its payments was payed in installments and the UJKS Annuqayah do not add profit.In this study, the problems were as follows: first, what is the meaning of murabahah contract and the types of murabahah contract in the UJKS Annuqayah, second, how is the implementation of murabahah contract on education financing in the UJKS Annuqayah, third how is the review of Islamic economic law against murabahah agreement on education financing in the UJKS Annuqayah. While the purposes of were to understand and to describe akad murabaha on financing education in the UJKS Annuqayah, to understand the application of murabaha education, to understand and to describe the perspective of Islamic economic law towards the application of murabahah akad on education in the UJKS Annuqayah.The method used qualitative descriptive with field research approach, which is the study examined the theories that have been developed in the field of science related to the problems, looked for methods and research techniques both in collecting data and analyzing research that has been used by former researcher. The data was analyzed by using deductive theory. While the key informant was the director of UJKS Annuqayah, and the supporting informants were the head office of UJKS Annuqayah, the head office of women's payment point, the financing section, the payment section and the teller of UJKS Annuqayah.The results showed that the UJKS Annuqayah has 3 murabaha products; the murabahah business, the murabahah basic needs and the murabaha education. In murabahah education financing, the UJKS Annuqayah do not get a profit, but the UJKS gets cashback from deller divided between the UJKS Annuqayah and customer. According to the review of Islamic economic law, it is permissible because it is in accordance with Islamic legal principles based on the Imam Syafi'ie perspective and implemented with the principles of justice, no despotic action, mutual agreement and transparency on management. This is justified by Islam because it is spared of riba and gharar. Keywords : murabahah akad, education financing, UJKS Annuqayah

Penentuan Harga dan Pembayaran Tempo Piutang Pelanggan dalam Perspektif Etika Bisnis Syariah (Studi Kasus di Lingkungan Industri Kulit Magetan) Muhammad Zaahidul Alim; War sidi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 2, No 2 (2018)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v2i2.2484

Penentuan Harga Dan Pembayaran Tempo Piutang Pelanggan Dalam Perspektif Etika Bisnis Syariah Studi Kasus Lingkungan Industri Kulit Di Magetan.Bisnis tidak bisa lepas dari akad transaksi jual beli. Bisnis merupakan serangkaianperistiwa yang melibatkan penjual dan pembeli, terkait dalam penentuan harga dan sistem pembayaran yangkompetitif, menjadikan lingkungan bisnis berubah sehingga harus lebih memperhatikan etika dan norma untuk dapat tercapainya tujuan. Etika bisnis syariah merupakan suatu norma yang bersumber dari Al-Qur’an dan Haditsyang dijadikan pedoman untuk bertindak, bersikap, bertingkah laku sertamembedakan antara mana yang baik dan mana yang buruk dalam melakukanaktivitas bisnis. Sekarang ini banyak para pebisnis yang bersaing dari segi harga barang dan sistem pembayaran untuk meningkatkan penjualannya. Meskipundalam kenyataannya hal ini dapat merugikan dan beresiko bagi perusahaan. Oleh karena itu, perusahaandituntut untuk cepat tanggap dalam menghadapi persaingan dengan memperbaikisistemnya. Tujuan dari penelitian ini adalah untuk menjelaskan pelaksanaan etikabisnis Islami dalam penentuan harga dan pembayaran tempo di lingkungan industri kulit magetan. Metode yang digunakan adalah penelitian kualitatif deskriptif. Tehnik pengumpulan data yang digunakan yaitu observasi,wawancara dan dokumentasi. Hasil penelitian ini menunjukkan bagaimana penentuan harga dan sistem pembayaran tempo piutang pelanggan di lingkungan industri kulit magetan. Kata Kunci: Harga, Pembayaran, Tempo, Piutang.

ANALISIS HUKUM EKONOMI SYARIAH TERHADAP PRAKTIK JUAL BELI PADA PRODUK BAI’ AL-WAFA’ DI BMT UGT SIDOGIRI CABANG BULAK RUKEM SURABAYA muchlis muchlis; Dian Berkah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3, No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3919

ABSTRACTThe thesis entitled "Legal Analysis of Islamic Economics on the Practice of Buying and Selling at Bai 'Al-Wafa' Products in Bmt Ugt Sidogiri, Bulak Rukem Branch Surabaya, is motivated by the customer's need for money so that customers sell their valuables to BMT UGT Sidogiri to get money but in the sales process there is an agreement that the goods purchased by BMT UGT Sidogiri will be bought back at a certain time according to the agreement, there will be a sale and purchase contract for 'wafa'. This study aims to analyze the selling procedures for buying and selling procedures for bai 'al-wafa' products at BMT UGT Sidogiri, Surabaya Bulak Rukem branch and for analyzing problems regarding Sharia Economic Legal Analysis on the practice of buying and selling on bai 'al-wafa' products at BMT UGT Sidogiri, Bulak Rukem Surabaya branch.The research method used in this study is a qualitative field research method, which is sourced from research informants obtained at the time of conducting research at Jokotole Pamekasan Syariah Pawnshop and supported by data that can be strengthened by literature as a supporter. This research is descriptive qualitative, using data collection techniques through interviews, observation, and documentation. The approach used is juridical sociology which is then analyzed using inductive thinking patterns.Based on the results of research in the field related to Sharia Economic Legal Analysis of the practice of buying and selling on bai 'al-wafa' products at BMT UGT Sidogiri, Surabaya's Bulak Rukem branch was preceded by a survey process by BMT UGT Sidogiri to customers to ensure the feasibility of using bai 'wafa products 'Then after getting the agreement, the customer submits several requirements for' wafa 'who are asked to be able to sell their valuables to get money. The BMT UGT Sidogiri calculates ujrah costs because the items they buy will be rented back to customers some time until customers can buy back the valuables that they have sold to BMT UGT Sidogiri, Bulak Rukem Branch, Surabaya. the practice of buying and selling on bai 'al-wafa' products in BMT UGT Sidogiri, Bulak Rukem Surabaya branch, the procedure is in accordance with Islamic law both described in the Qur'an, hadith, muamalah fiqh, KHES and DSN-MUI fatwa. However, in the process of handing over the goods in contradiction with Al-in'iqad and Article 76 KHES in terms of the delivery of goods because the goods sold by customers do not exist in the contract peri Key Word : Islamic Economics, Practice of Buying and Selling, Bai 'Al-Wafa'.

PENGARUH TINGKAT MINAT PEGAWAI PENGADILAN AGAMA BOJONEGORO TERHADAP KEPUTUSAN BERTRANSAKSI DI BANK SYARIAH MANDIRI BOJONEGORO yunistira fauziah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3, No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3940

ABSTRACT The purpose of this study is 1) to determine the level of interest of Bojonegoro Religious Court Employees to transact with Bojonegoro independent Islamic banks 2) to find out what factors influence the level of interest of Bojonegoro Religious Court employees regarding transaction decisions at Bank Syariah Mandiri in Bojonegoro. This research was conducted with a population of 47 respondents. Data were collected using a questionnaire in the form of a list of statements. The data analysis technique used is multiple linear regression analysis using the SPSS program version 23.0.Based on the results of multiple linear regression analysis obtained F value of 27,647 with a significant level of 0,000 (less than 0.05) which means that simultaneously the perception factor of ease of transaction, the perception of benefits and the perception of trust factors have a significant influence on the level of interest Bojonegoro Religious Court employees to make a decision to transact with Bank Syariah Mandiri Bojonegoro. The coefficient of determination = 0.659 means that 65.9% of the interest level of employees of the Bojonegoro Religious Court to make a transaction decision at the Syariah Mandiri bank Bojonegoro is influenced by the three factors mentioned, namely 1) Perception factor Ease of transactions 2) Perceptions of benefits 3) Perceptions of trust factors, whereas the remaining 34.8% is influenced by other factors beyond those three factors, namely perceptions of ease, perceptions of benefits and perceptions of trust. The t-value of the variable perceptions of ease (X1) is 2.621 with a significance level of 0.012 (smaller than 0.05). The t value of the calculated benefit perception variable (X2) was 2.362 with a significance level of 0.023 (smaller than 0.05). T value of the calculated variable trust perception (X3) of 2.140 with a significance level of 0.038 (smaller than 0.05) Keywords: minat transaksi, bank syariah, bank syariah mandiri bojonegoro

IMPLEMENTASI PRINSIP WADIAH PADA BANK SAMPAH SYARIAH MANDIRI SUMRINGAH NGAMPELSARI KECAMATAN CANDI KABUPATEN SIDOARJO ika karlina
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3, No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3915

ABSTRACTThis study aims to provide a description of the Implementation of the “Sumringah” independent sharia waste bank in Ngampelsari Village, Candi District, Sidoarjo Regency. At the same time to explain that the “Sumringah” independent sharia waste bank is in accordance with the Wadiah Principles.This research uses qualitative research methods with data analysis using descriptive data analysis to describe the reality of the implementation of the wadiah contract in the implementation of the "Syariah Mandiri" Waste Bank in Ngampelsari Village, Candi District, Sidoarjo Regency.The implementation of the Mandiri Syariah Waste Bank is according to the Management of the Waste Bank. Also according to the Law and Regulations nowdays. “Sumringah” independent sharia waste bank is according to the Standard of waste bank managements. And if viewed from the Application of Wadiah Principles related to the Implementation of “Sumringah” independent sharia waste bank, it has fulfilled the elements contained in the wadiah provisions. Such as, there is a statement to bind oneself, there are parties who are mindful and there is an object of contract. In the work mechanism of the independent sharia garbage bank, it is already offering (ijab) and acceptance (qabul), there are parties who contract, can use the original guardian who qualifies to be a representative. The wadi'ah object in the independent sharia waste bank is also clear and well-known by its owners and depositors.The assets that are deposited are also prices that can be physically owned. Such as the money from the sale of garbage. Perpetrators in independent sharia waste banks are also capable of law, baligh and are able to keep and maintain safe keeping. However, there are things that need to be considered in the application of this Wadia principle, such as the transparency on the agreement sheet that the parties agree to bind themselves in the wadiah contract as outlined in writing. In order to the Customer knows that the Customer Savings is related to the Wadiah contract. Keywords : Wadiah, Islamic Waste Bank

PENERAPAN AKAD GADAI DALAM PRAKTEK PEMBELIAN BARANG LELANG KREDIT PERSPEKTIF HUKUM EKONOMI SYARIAH (Studi Kasus di Pegadaian Syariah Jokotole Pamekasan) Rina Tri Puspita Sari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3, No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3891

ABSTRACTThe thesis entitled "Application of Pawn Contracts in Goods Purchasing Practices for Sharia Economic Law Perspective Credit Auction" (Case Study in Jokotole Pamekasan Syariah Pawnshop) is motivated by the sale and purchase of credit system gold auction items with the condition that the items purchased are deposited in Jokotole Pamekasan Sharia Pegadaian as collateral and processed as sharia mortgage in general because the goods purchased by the customer are goods belonging to the Jokotole Pamekasan Sharia Pawnshop that he bought with debt. This study aims to analyze the procedures for the application of the mortgage agreement in the practice of buying credit auction items at Jokotole Pamekasan Syariah Pawnshop and to analyze the application of the mortgage agreement in the practice of purchasing goods auctions for Islamic Economic Law Perspective CreditThe research method used in this study is a qualitative field research method, which is sourced from research informants obtained at the time of conducting research at Jokotole Pamekasan Syariah Pawnshop and supported by data that can be strengthened by literature as a supporter. This research is descriptive qualitative, using data collection techniques through interviews, observation, and documentation. The approach used is juridical sociology which is then analyzed using inductive thinking patterns.Based on the results of research in the field related to the Application of Mortgage Contracts in the Practice of Purchasing Credit Auction Goods beginning with the auction process of gold collaterals that have matured in public then auction sales with conditional credit with the mortgage system, the goods purchased by customers are requested to be deposited at Pegadaian Syariah Jokotole Pamekasan as a guarantee to obtain debt, the procedure is exactly the same as the gold mortgage procedure in general. The application of the Pawn Agreement in the practice of buying auctions of credit is part of the procedure in accordance with Islamic law both described in the Qur'an, hadith, muamalah fiqh, KHES and DSN-MUI fatwa but there are some procedures that are contrary to the applicable rules . Moreover, this system is more socialized in the community because it can make it easier for people to get gold as a long-term investment with a credit system. Key Word : Pawn Contracts, Goods Purchasing Practices, and Sharia Economic Law.

TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK INVESTASI BERBENTUK ARISAN (Studi Kasus pada Komunitas Yud’s Money Machine di Surabaya) saiful sulum
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3, No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3923

AbstrakField research was conducted at the Yud’s Money Machine community in Surabaya with the aim at answering how investment practices based on arisan systems are owned by the community of Yud’s Money Machine in Surabaya, as well as Islamic perspective regarding such investment practices.The method used in this study is a qualitative method, i.e. a research paradigm to describe events, phenomena, behavior of people or situations in a particular place in detail and in-depth in the form of narration. This type of research is field research. As for the approach used there, it is is a case study namely a qualitative approach that examines certain "cases" in the context or arrangement of contemporary real life. Case studies are a type of in-depth research about individuals, one group, one organization, one activity program, and so on for a certain period of time. Data is collected by observation, interview and documentation techniques.The results of this study found that investment practices based on arisan systems in the community of Yud's Money Machine in Surabaya showed that the investment proceeds were very large, namely seventy-five percent of the capital paid in accordance with the contract set at the beginning of the contract regardless of the risk that would occur in the future. Because the most important thing in the investment transaction based on the arisan system is that it is only a very large profit, the element of seeking profit as much as possible and the determination of profit at the beginning of the contract is contrary to the investment system in Islam. It is because basically investment profits may not be set at the beginning of the contract because humans cannot know exactly what will happen in the future and this violates the nature that Allah has established, because only Allah Allah SWT will know what will happen in the future. Therefore, in the practice of investment transactions which is based on the arisan system in the community of Yud’s Money Machine in Surabaya, there are elements of usury fadl although the purpose is for the common good and providing help for members. It is not justified to take advantage in a way that is prohibited and contrary to Islamic law.Keywords: Islamic Law, Investment, Arisan.

PENERAPAN KONSEP MUSÂQAH DALAM PENGELOLAAN PERKEBUNAN TIDAK BERBUAH (Studi Kasus Di Desa Prayungan Kecamatan Sumberrejo Kabupaten Bojonegoro) chamim tohari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3, No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3945

Abstract This study discuss about the application of the concept of musâqah in Islamic law to the management of plantations or trees that are not fruitful. What is meant by non-fruiting tree plantations are limited by teak and bamboo trees only. The chosen research location is Prayungan Village, Sumberrejo District, Bojonegoro Regency. Because in the village the practice of plantation cooperation is still practiced by residents. The questions problems that want to discovered its answers in this study include: (1) How is the concept of musâqah in Islamic law? And (2) How does the application of the concept of musâqah in the management of plantations not bear fruit in Prayungan Village, Sumberrejo Subdistrict, Bojonegoro Regency? This research is a field research, therefore, in obtaining data the author uses interviews and direct observation methods at the research location.The results of this study include: (1) Musâqah is a part of muamalah fiqh where in this transaction a garden owner enters into an agreement on the management of his estate with the cultivator of the garden as the person who is obliged to care for, maintain and maintain the garden to produce fruit for harvest, and yield harvest from the garden is divided between the owner and the cultivator in accordance with the conditions stated during the contract. If the garden that is kept in the form of a garden that does not bear fruit, then the provisions for the production are determined based on the contract agreed by the two parties between the owner of the garden and the manager of the garden. (2) When viewed based on Islamic law, the practice of plantation cooperation carried out by Prayungan villagers regarding the maintenance of teak trees and bamboo trees is in line with the concept of musâqah in Islamic law. Keywords: Musâqah, Teak, Bamboo, Wages, Profit Sharing.

PELAKSANAAN EKSEKUSI HIPOTIK DI PENGADILAN AGAMA MENURUT HUKUM EKONOMI SYARIAH (ANALISIS PUTUSAN PENGADILAN AGAMA SURABAYA NOMOR : 005/PDT.EKS/2018/PA.SBY) rusmin rapi; Isma Swadjaja
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3, No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3892

ABSTRACTThe Religious Court has an important role in the settlement of disputes between the Islamic financial institution and its customers. As the case in the Surabaya Religious Court Number: 005 / Pdt.Eks / 2018 / Pa.Sby, where there was a dispute between PT. Bank BRI Syariah Tbk. as a creditor with PT. Eka Nusa Bahari as the debtor who has defaulted. The formulation of the problem of this research are: First, how is the execution based on sharia economic law in Indonesia and Second, how is the execution in the Surabaya Religious Court in the Sharia Economic Law dispute whether it is in line with Islamic legal principles.This study uses qualitative research methods with a normative juridical approach, namely by using the statutory approach. Normative juridical research, in accordance with the unique character of legal science, lies in the study of the law or legal study of positive law.Based on the results of analysis and research related to the Establishment of the Surabaya Religious Court Number: 005 / Pdt.Eks / 2018 / Pa.Sby, it can be concluded that the implementation of execution based on sharia economic law in Indonesia is the authority of the Religious Court, both in the form of Mortgage, Fiduciary and Mortgage Rights . And the execution in the Surabaya Religious Court in Islamic economic disputes is in line with the principles of Islamic law and in accordance with applicable laws and regulations, but it is expected that the need for higher legal rules, equal to the laws governing the implementation of sharia economic activities in particular mortgage guarantees so that customers as consumers get protection and the Islamic Bank gets a strong legal basis in carrying out its activities.Keywords: Execution, Mortgages, Sharia Economy

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