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Justisia Ekonomika
Published by Universitas Muhammadiyah Surabaya
ISSN : 25985043     EISSN : 2614865X     DOI : https://doi.org/10.30651/justeko.v7i2
Core Subject :
Arjuna Subject : -
Articles 163 Documents
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IMPLEMENTASI AKAD WADIAH DALAM PRODUK TABUNGAN DI BANK SYARIAH MANDIRI DAN TINJAUANNYA MENURUT HUKUM EKONOMI SYARIAH Lulu Rodiyah; Abd Hadi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5224

Abstract

ABSTRACT\         Since Sharia Banking Law issued, Sharia bank is blooming and gaining the trust of people in Indonesia. This is showed by the increase of the number of the established Sharia bank in Indonesia. However, in their practice, these Sharia banks are not in accordance with Islamic law. They plagiarize usury principles from conventional bank and just translate it to Arabic language e.g. Sharia savings and Akad Wadiah.In principle, the foundation of this product is correct according to Fiqh due to its Wadiah base. However, in their implementation, Sharia bank may applies Wadiah Yad Dhamanah principle; whereas, Akad Wadiah Yad Dhamanah by name can’t be found in the classical Fiqh literature, and if this principle is further analyzed, two contradicting Akads which are forcibly combined will be found, i.e. Akad Wadiah and Akad Qard.This research is field research, where the researcher involved directly in the field or research object i.e. Bank Syariah Mandiri, Lamongan branch. The data is collected by observing and interviewing the management and the employee of Bank Syariah Mandiri, Lamongan branch, thus the collected data is the core of the research object which then analyzed using Qualitative Research method. The result shows that the application of Akad Wadiah in Bank Syariah Mandiri, Lamongan branch is using Wadiah Yad Dhamanah principle, which is not in accordance with the Sharia Economic Law. Keywords: implementation, Wadiah, Sharia Economic Law. 
PENGGUNAAN E-MONEY BRIZZI SEBAGAI ALAT PEMBAYARAN MENURUT HUKUM EKONOMI SYARIAH (STUDI ANALISIS TERHADAP PRODUK E-MONEY BRIZZI PADA BANK BRI KANTOR CABANG BLORA) Muhammad Muhammad Zubaidi; Suhartono Suhartono
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5231

Abstract

ABSTRACTThis research discusses and analyzes the mechanism of using Brizzi E-money issued by BRI Bank Blora Branch Office, as well as the perspective of Sharia Economic Law on the use of the card mechanism. Especially the electronic payment instruments issued by Bank BRI namely E-Money Brizzi. This research not only examines law theoretically, but also looks at it from the practice and application side in the field. This type of research is field research, namely research activities carried out at BRI Bank Blora Branch Office. The research approach which used is a qualitative descriptive research approach, which is an approach used to understand the phenomena about what is experienced by the subject and object of research.The results of this study concluded that the use of Brizzi E-money cards had met the legal and legal requirements for consent. In addition, when viewed from the aspect of cases that in validate the legality of the sale and purchase law, the use of Brizzi e-money cards in the sale and purchase transaction does not include elements that cancel the sale and purchase such as elements of gharar, maysir, and usury. The deduction of administrative funds due to transactions using the Brizzi e-money card has a similarity to the wakalah bil ujrah system in Sharia Economic Law. However, base on the results of the analysis conducted by the author, it is found that th euse of Brizzi e-money cards is not in accordance with the theory of wadi'ah dueto the unfulfillment of conditions and harmony in theuse, alsois not in line with the concept of wadi'ah yad amanah and wadi ' ah yad dhamanah from the aspect of the burden of responsibility for the party entrusted. Besides that, the use of Brizzi e-money cards is also not in accordance with the qardh theory. This is because in addition to not fulfilling one of the pillars and qardh validity requirements, also in the qardha fter the contract is said, the goods or asset swhich become the object of qardh automatically be come the property of the party receiving the loan. Where as in the system of using Brizzi e-money cards, the electronic money that is on the card after being deposited to the bank remains the property of the card holder. Keywords: E-Money, Brizzi, Sharia Economic Law, BRI Bank
ANALISIS AKAD MUSYARAKAH PADA PEMBIAYAAN MODAL USAHA BER AGUNAN EMAS DALAM PERSPEKTIF HUKUM ISLAM (Studi Kasus di PT BPRS Mandiri Mitra Sukses Gresik) nurus salihen; Amran Suaidi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5227

Abstract

ABSTRACTIslamic financial institutions have a very large role in the development and growth of the Islamic community, especially in Indonesia in the modern industry. One of them in terms of Musyarakah financing in Islamic banking has been understood as a mechanism that can unite work and capital for the production of goods and services that are beneficial to society . As has been applied in PT BPRS Mandiri a successful partner where the musyarakah financing product uses a gold guarantee within a period of 4 (four) months, and the population is very interested in the customer. From here the authors are encouraged to conduct research on Musyarakah Contract Analysis on Gold Collateral Business Capital Financing in Islamic Law Perspective (Case Study at PT Bprs Mandiri Mitra Sukses Gresik.Based on the results of research at PT BPRS Mandiri Mitra Sukses in terms of financing gold collateral musharaka, it is known that customers are very happy because these residents can help u finance in the customer's business, i.e. in the case of direct funds, they can be disbursed quickly as needed. Then the procedures and requirements are also adjusted to the conditions for the musharaka contract. And not all customers can select the musyarakah financing facility selectively, the bank also provides provisions that only customers have businesses and financial reports. Musharaka financing system is very helpful for micro traders in the market. Key Word: Musyarakah contract, Gold Collateral Business Capital Financing, Islamic Law Perspective.
IMPLEMENTASI AKAD QARDH DAN MURABAHAH DALAM PENGALIHAN PEMBIAYAAN (Studi Kasus pada PT. BPRS Mandiri Mitra Sukses Gresik) Miftahul Husna; Sentot Imam Wahjono
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5226

Abstract

 Researcher wanted to examine in detail the implementation of qardh and murabahah agreement in the transfer of financing (take over) conducted by PT. BPRS Mandiri Mitra Sukses Gresik Indonesia, to answer the question : How the implementation of qardh and murabahah agreement on the transfer financing practices in BPRS Mandiri Mitra Sukses Gresik ?, What is the difference of the implementation of qardh and murabahah agreement on the transfer financing practices in BPRS Mandiri Mitra Sukses Gresik ?, What are the constraints and supporting factors in the implementation of qardh and murabahah agreement ?In answering these problems used the type of qualitative research. The data collection techniques used in this study through methods of observation, interview (interview), and documentation. The data collected was compiled and analyzed using inductive thinking namely the mindset based on the facts in the field about the practice of taking over between the Conventional Financial Institution (LKK) and the bank of the Sharia Financial Institution (LKS), then linked with the qardh and murabahah theory in application take over.The result of the research that in the implementation of qardh and murabahah agreement in the transfer of financing with the purpose of taking over or transfer of financing at Bank Partners Syariah that is by the customer coming to Bank Partners Sharia to apply for taking over financing.The constraints of the implementation of qardh and murabahah agreement included the possibility of bad debts from customers and the history of customer data in SID BI that sometimes can hamper the implementation of taking over. While the supporting factors in the implementation of qardh and murabahah agreement included many fanatic customers to sharia, thus increasing the number of customers used sharia bank services, the products provided in the form of additional business capital, and ease of payment. Key words: utang piutang, take over, akad, the economic laws of Sharia.
IMPLEMENTASI FATWA-FATWA DSN-MUI PADA PEMBIAYAAN DANA TALANGAN HAJI (STUDI KASUS PADA PADA KSPPS BTM MULIA BABAT – LAMONGAN) Ahmad Arif Rahman Saidi; warsidi warsidi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5234

Abstract

ABSTRACT The use of religious guidances from DSN-MUI as a basis of delivering products in the Micro-Sharia Financial Institution (LKS)  is not accompanied by a complete and correct understanding of the implementation. It can be seen in among others, the fund financing of hajj bailout. There are many different kinds of contracts used by micro-sharia financial institution in the hajj bailout fund financing, such as the contract of qardh bil ujrah and ijarah multijasa, even there are those that uses murabahah contract in the hajj fund financing.The author's interest in examining the implementation of hajj bailout fund financing in KSPPS BTM Mulia is because the KSPPS BTM Mulia used the contract of qardh bil ujrah and then change it into ijarah multijasa at the beginning of the emergence of the product of hajj bailout fund financing. The author intends to find out about the implementation in KSPPS BTM Mulia, which contract is most in accordance with the Sharia economic law, and what are the impact of the changes for KSPPS BTM Mulia.This study is a qualitative-descriptive research which uses the data collection technique with observation, interview, and documentation. The data source of this study is: (1) the person who is involved in hajj fund financing in KSPPS BTM Mulia starting from the management, Sharia supervisory board, marketing, legal, and customers; and (2) contract documents, minutes of meetings, and other documents which related to and needed in this study.From this study, it is known that the implementation of hajj bailout fund financing in KSPPS BTM Mulia that uses the qardh bil ujrahcontract, the halal status  cannot be guaranteed, while the ijarah multijasa contract with little improvement will be more appropriate and in accordance with the Islamic Sharia principles. Keywords      :Hajj Bailout Fund Financing, Contract ofQardh ,Ijarah Multijasa, Kafalah
TINJAUAN YURIDIS TERHADAP PENYELESAIAN DAMAI PERKARA SEDERHANA EKONOMI SYARIAH (ANALISIS KASUS DI PENGADILAN AGAMA KEDIRI) Ahdiyat Ilmawan Nehru; dian berkah
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5245

Abstract

ABSTRACTThe objective will be accomplished in the title of the thesis is the author of the above is to find out if the peace process is going on, and the proceedings conducted against a simple matter of Economics Sharia Religious Courts in Kediri were in accordance with the provisions of the law that applies.This research uses the juridical normative approach i.e. researching secondary data or library material, then analyzed qualitative data analysis and results presented with descriptive method, namely by giving a picture in fact regarding the juridical review against a peaceful solution a simple matter of Economics Sharia Religious Courts in Kediri.Based on the results of the research on settlement matters simple economics Sharia Religious Courts in Kediri via the litigation has been in accordance with the provisions of the applicable law, both at the stage of registration, ranging from up to judge drop the verdict. But against the occurrence of the verdict form peacekeeping assignment given by judges in future trials, is not the peace that occurs on the basis of the presence of both parties with the bond Act of peace, but rather the onset of peace because the judge grant the plaintiff's petition to revoke the matter, this occurs after the judge listened to the description of the plaintiff who stated upfront trial that the Defendants had completed his charge to the plaintiff. Besides that the consideration of judge of dikabulkannya petition for annulment of case filed by the Plaintiff because during the trial, the defendants never attend and sent his Deputy, so over the verdict ... Keywords : Sharia Economic Disputes, Peace, Trial
STUDI KOMPERATIF ANTARA PENDAPAT IMAM SYAFI’I DAN IMAM MALIKTENTANG PENGAMBILAN BUAH POHON PADA BARANG GADAI TANAH (Studi di Kecamatan Guluk-guluk Kab. Sumenep) Mondzir Mondzir; Chamim Thohari
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5228

Abstract

ABSTRACT        This study entitled "a comparative study of Imam Syafi'i and Imam Malik's opinion on Taking Fruit Trees on Land Pawn Goods (Case Study in Guluk-guluk District, Sumenep Regency). The pawning party generally gives the pawn party the land with the fruit of the tree to the pawn recipient and must give the fruit of the tree to the pawn recipient until the pawner pays the debt.       The research method used in this study is the field research method (Case Study) also intended to study intensively about the background of the current situation, as well as the specific social unit environmental interactions that are (given).       The results of this study regarding the taking of fruit trees on earthly pawned goods carried out by the Guluk-guluk District community according to Imam Syafi'i the fruit of the tree is not part of the pawning goods (marhun bih) but the fruit is the property of the mortgaged person (ar-Raahin ). Meanwhile, according to Imam Malik, the law is permissible if it is used as a pawn condition. Key Words : ar-Rahn, ar-Rahin, al-Murtahin, al-Marhun, al-Marhun bih.
ANALISIS PUTUSAN PENGADILAN AGAMA MALANG TENTANG HAK TANGGUNGAN PADA SENGKETA EKONOMI SYARIAH (Studi Kasus Putusan Pengadilan Agama Malang nomor: 0689/Pdt.G/2017/PA.Mlg) arip imawan; Abd Hadi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 2 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i2.6849

Abstract

The Malang Religious Court has the authority to decide cases on Islamic economic disputes. Decision numbered: 0689 / Pdt.G / 2017 / PA.Mlg is a ruling stating that they reject the plaintiff's claim regarding the cancellation of the mortgage. The formulation of the problem in this study was how the litigation procedure in the Sharia Economic Dispute Settlement of the Malang Religious Court and the legal basis for judges' consideration in deciding case number 0689 / Pdt.G / 2017 / PA.Mlg. This study used qualitative methods with primary data source for decision number 0689 / Pdt.G / 2017 / PA.Mlg and secondary data in the form of laws and regulations, DSN-MUI fatwa, documentation, and interview with judges of the Malang Religious Court. Conclusion Thesis, legal considerations used by the Panel of Judges in Decision Number: 0689 / Pdt.G / 2017 / PA.Mlg wereappropriate. These legal considerations used Law number 3 of 2006 and Law number 50 of 2009 concerning religious courts, Law number 4 of 1996 concerning mortgage rights and objects related to land, Law number 21 of 2008 concerning Islamic banking, DSN fatwa MUI number 11 / DSN-MUI / IV / 2000 concerning Kafalah and Perma number 2 of 2008 concerning Sharia Economic Law Compilation. However, in using consideration Permenkeu 106 / PMK.06 / 2013 was not appropriate because the Permenkeu had been revoked and was not valid because there was a Permenkeu 27 / PMK.06/2016. Key Words : Sharia Economic Disputes, Mortgage Rights, Religious Courts
PRINSIP SALING TOLERANSI (TASAMUH) PADA RESTORAN ALL YOU CAN EAT MENURUT PERSPEKTIF ISTIHSAN umi atia hanik
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.8768

Abstract

This study aims to determine the principle of mutual tolerance (tasamuh) in the all you can eat restaurant from the istihsan perspective. The research method used in this research (library research) is a qualitative approach. The data sources of this research are books and journals that are analyzed using the Miles and Huberman analysis method which includes three lines, namely data reduction, data presentation and drawing conclusions or verification. The results of this study conclude that the principle of mutual tolerance (tasamuh) in all you can eat restaurant according to the istihsan perspective is allowed based on ‘urf because it has become a habit of today’s society which will be difficult to avoid but still we should not go to waste in taking food because it is hated by god.Keywords: Buying and Selling, tasamuh, istihsan
POTENSI PENGELOLAAN ZAKAT, INFAQ DAN SHADAQAH DALAM MEMBANGUN PEMBERDAYAAN EKONOMI UMMAT DAN KESEJAHTERAAN MUSTAHIQ (studi kasus LAZISMU Kota Probolinggo) muhammad alfi syahrin; Isma Swadjaja
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.8755

Abstract

LAZISMU Probolinggo City is one of the institutions that manages and distributes zakat, infaq and shadaqah, see the importance of zakat, infaq and shadaqah and their management because they have great potential in building the  ummat economic empowerment and the mustahiq welfare.  The purpose of this research is to knowing the management of zakat, infaq and shadaqah in LAZISMU Probolinggo City and the potential management of  zakat, infaq and shadaqah in building the ummat economy and mustahiq welfare in LAZISMU Probolinggo City.  This research is a field research with qualitative methods.  The methods used in data collection are observation, interview, and document study.  The data that has been collected are then compiled and analyzed using descriptive methods.  The results showed that the potential managrment of zakat, infaq and shadaqah is quite good in implementing economic the ummat empowerment  and the mustahiq welfare, as evidenced by the several programs that have been implemented, some mustahiq can begin to gradually leave the deprived lives to become more independent and far away there is hope to become muzakki from the results of the business he is running.Keywords : management of zakat, infaq and shadaqah, ummah economic empowerment, mustahiq welfare

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