Al-Mudharabah
Mudharabah: Journal of Sharia Economics and Finance is professionally managed and published by the Sharia Economic Law Study Programme, Faculty of Sharia and Law, UIN Ar-Raniry in helping academics, researchers and practitioners to disseminate their research results. Al-Mudharabah: Journal of Islamic Economics and Finance is a blind peer-reviewed journal dedicated to the publication of quality research results related to the field of Islamic Economics and Finance. All publications in Al-Mudharabah journal are open access allowing articles to be freely available without any subscription. THE SCOPE OF AL-MUDHARABAH: Jurnal Ekonomi dan Keuangan Syariah includes all the areas of research activities in all fields of Economics as theoritical and practical, Islamic Business Economics, Business Law, Economic Management, Microeconomics, Macroeconomics, International economics, International Trade, Experimental economics, Fiscal policy, Health Economics, Economics of Innovation and Entrepreneurship, Industrial Economics, Labour Economics, Inflation and monetary policy, Information economics, Environmental economics, and Agricultural economics etc and Finance as Public Finance, Personal finance, Securities and Investment Analysis, Institutional Finance, International Finance, Financial Management, Managerial finance, Corporate finance, Financial planner, Behavioral finance, Financial mathematics, Financial economics, Monetory, etc.
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86 Documents
<![CDATA[PERLINDUNGAN HUKUM BAGI NASABAH PADA PINJAMAN ONLINE MENURUT HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Aulia Rahmatullah]]>;
<![CDATA[Riadhus Sholihin]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4529
<![CDATA[This article aims to examine the legal protection for customers in the implementation of online-based money loans or known as online loans (pinjol). The research method used is a doctrinal approach where the author will examine legal norms related to customer protection according to the Banking Law, and a number of Financial Services Authority (OJK) regulations related to pinjol. The results of this study conclude that there are several phenomena that occur in the implementation of pinjol that do not get legal protection for customers, namely: First, the determination of interest that does not refer to the interest rate provisions of Bank Indonesia, second, the maximum interest setting on online loans in fintech companies is 0.4 percent per day but the amount of real interest is not regulated in the agreement. Third, Financial Services Authority Regulation No.77/POJK.01/2016 on Information Technology-Based Money Lending and Borrowing Services OJK Regulation No.77 of 2016 is the basis for the implementation of Peer to Peer Lending business activities or online lending and borrowing which is one of the types of fintech, including the protection of customer personal data. Customer personal data collected by fintech providers must be kept confidential in accordance with applicable privacy provisions.]]>
<![CDATA[PERTANGGUNGAN RESIKO MENURUT FATWA DSN-MUI NO. 39 TAHUN 2002 TENTANG ASURANSI HAJI: STUDI PADA KEMENAG KOTA BANDA ACEH ]]>
<![CDATA[Mutia Martuna Ningsih]]>;
<![CDATA[Armiadi Musa]]>;
<![CDATA[Azmil Umur]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4537
<![CDATA[This article aims to analyse the practice of Hajj insurance at the Ministry of Religious Affairs of Banda Aceh City with a review according to Fatwa DSN-MUI Number 39 of 2002 concerning Hajj insurance. The role of the government in the management of Hajj insurance and the mechanism for submitting Hajj insurance claims are analysed. The problems in this study focus on how is the practice of Hajj insurance for pilgrims and the mechanism for submitting Hajj insurance claims at the Ministry of Religious Affairs of Banda Aceh City with relevance to the DSN-MUI Fatwa Number 39 of 2002 concerning Hajj Insurance Practices. The primary data is gathered from interviews and observations. While secondary data is obtained from the results of research related to this study. The results showed that, first, the insurance practice at the Ministry of Religious Affairs of Banda Aceh City is only limited as a facility provider who proposes to the Central Ministry of Religion Office as a policy holder, so that the insurance claim process occurs at the central level and can be confusing for pilgrims. Nevertheless, the Hajj insurance used by pilgrims is considered in accordance with Islamic teachings because it is sharia-based. Second, the mechanism for submitting insurance claims, families can apply for insurance to the provincial ministry of religion office which will then be submitted to the centre while carrying a number of requirements. Some of the requirements include a death certificate (SKK), a statement letter of heirs from the sub-district and the account number of the deceased or heirs. Third, in the review of the DSN-MUI fatwa No.39 of 2002 concerning Hajj insurance, the practice of Hajj insurance that occurs at the Ministry of Religious Affairs of Banda Aceh City is still less than optimal. Hajj pilgrims do not even know at all about the insurance claim process. Especially for pilgrims from the regions, the process of submitting claims is considered difficult to understand. In fact, the heirs of pilgrims often do not know how to submit insurance claims used by pilgrims, the absence of representatives from PT Asuransi Takaful Keluarga in the regions is also an obstacle in the process of submitting claims, so that the families of pilgrims face challenges in submitting claims with a long procedures.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KONSUMEN PADA TRANSAKSI JUAL BELI HEWAN KURBAN MENURUT HUKUM ISLAM ]]>
<![CDATA[Jumaika Zwana]]>;
<![CDATA[Nurdin Bakri]]>;
<![CDATA[Muslem Abdullah]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4538
<![CDATA[This article aims to examine the legal protection for consumers in the sale and purchase of qurban animals provided by Kutaraja Aqiqah as a business actor to its customers (consumers) according to Islamic law. The research method used is qualitative research, namely solving problems by collecting, compiling, analysing, and interpreting the data that has been obtained. The phenomenon that occurs about consumer protection in Kutaraja Aqiqah demands descriptive analysis and answers. This can be fulfilled by describing the conditions and situations, as well as answers related to the problems in the phenomenon. The results of this study conclude that first, the mechanism of buying and selling transactions in kutaraja aqiqah follows the teachings of Islamic law, several types of livestock buying and selling transactions in kutaraja aqiqah such as cash, salam contracts, down payments, and qurban arisan. Second, the form of protection provided by kutaraja aqiqah according to Islamic law is in accordance with sharia which is also beneficial for business actors in attracting the attention and interest of purchasing power of customers]]>
<![CDATA[PENERAPAN PRINSIP PRUDENTIAL BANKING PADA PEMBIAYAAN KREDIT USAHA RAKYAT MIKRO: STUDI PADA BANK SYARIAH INDONESIA CABANG BANDA ACEH ]]>
<![CDATA[Azkal Azkia]]>;
<![CDATA[Safira Mustaqilla]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4540
<![CDATA[Kredit Usaha Rakyat (KUR) is a credit facility to middle to lower class customers that issued by banking industries in Indonesia, which focusses on aspects of livestock, trade, and agriculture. PT Bank Syariah Indonesia, Banda Aceh is one of bank company which issues this product and always applies prudent banking principles, especially in financing. The application of the prudential principle is carried out starting from the beginning of the debtor applying for credit analysis of KUR financing until the financing is paid off. This type of research is a qualitative descriptive approach through case studies. The result finds that the application of prudential banking principles applied to the company can be seen from the various provisions set by Bank Indonesia. The provisions of the prudential principle are the Capital Adequacy Ratio (CAR), namely the maximum credit provision (Maximum Lending Limit), the allowance for productive asset liabilities, and the provisions that regulate banking itself. The company can be seen from non-performing loans, it seems that their non-performing loans originated from year to year are increasing even though they have implemented the prudential principle, but there are still non-performing loans.]]>
<![CDATA[PRAKTIK JUAL BELI DESAIN GRAFIS MELALUI SISTEM HIRING DALAM PERSPEKTIF AKAD ISTISNA’ PADA MARKETPLACE SRIBU.COM ]]>
<![CDATA[Cut Azzahra Muly]]>;
<![CDATA[Chairul Fahmi]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4545
<![CDATA[The practice of buying and selling graphic designs through the Sribu.com marketplace via a hiring system is a phenomenon that facilitates collaboration between clients and designers efficiently and transparently. The problem in this research is how to practice buying and selling graphic designs on the Sribu.com marketplace through the hiring system and how to review the Istisna' contract. The results of this research indicate that from an Islamic legal perspective, this transaction can be interpreted as a form of istisna' contract, which involves determining specifications, prices and payments based on the work that has been done. Any discrepancy between the design and the client's brief may result in the cancellation of the transaction as a valid option, taking into account the principles of fairness in dispute resolution. This practice allows the application of Islamic values and business principles in accordance with religious law in the context of the graphic design trade.]]>
<![CDATA[PENERAPAN SISTEM PENGELOLAAN RESORT DI KOTA SABANG MENURUT AKAD JI`ALAH: STUDI KASUS THE HAWKS NEST RESORT SABANG ]]>
<![CDATA[Naufal Ramadhana]]>;
<![CDATA[Shabarullah]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4581
<![CDATA[This article aims to examine the application of sister resort management in Sabang City according to Akad Ji`alah. The type of research used is qualitative with an empirical juridical approach. Primary data obtained by the author from interviews with the parties concerned and a number of applicable laws and regulations, as well as secondary data that the author gets from the results of research related to this research. The results of the study prove that the application of the resort management system in Sabang City which is here at The Hawk Nest Resort Sabang, namely the application that occurs at The Hawks Nest Resort Sabang City, the owner of the resort here is also the party that submits all the capital and the type of business as well as the location of the business. While the manager only continues the business. At the beginning of the agreement that was carried out was that the resort manager only operated The Hawks Nest Resort Sabang City and later received wages for the work done. In Islam, this kind of practice is called wages. Therefore, the initial agreement between the resort owner and the resort manager did not work properly, resulting in non-compliance with the promised contract. Suggestions for the practice of applying the management system to The Hawk Nest Resort Sabang so that in the future management can be carried out clearly and with Islamic law so as not to cause disputes between parties.]]>
<![CDATA[SISTEM PENGEMBALIAN OBJEK TANAH SITAAN PADA PENGADILAN NEGERI KOTA BANDA ACEH: SUATU KAJIAN HAK AL-MILKIYAH DALAM FIQH MUAMALAH ]]>
<![CDATA[Cut Yustianiansyah]]>;
<![CDATA[Azka Amalia Jihad]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4591
<![CDATA[This article aims to examine the system of returning confiscated objects at the Banda Aceh city district court according to the perspective of Al-Milkiyah Rights in Muamalah Jurisprudence. The approach taken by the author is juridical-empirical research. The main data is obtained from interviews with the parties, and a number of applicable laws and regulations, while secondary data is obtained from the results of research related to this research. The results showed that the system for returning confiscated objects was carried out based on the provisions of the SOP. In the decision of the Banda Aceh District Court No.64/Pdt.G/2020/PN Bna, the decision of the Banda Aceh High Court No. 72/PDT/2021/PT BNA, the decision of the Supreme Court of the Republic of Indonesia No. 4173 K/Pdt/2022 regarding unlawful acts, namely the Defendant occupying and obstructing the plaintiff to take control of the disputed land that he had obtained from the winning auction No. 533/01/2020, and the execution respondent did not voluntarily vacate the land, then the granting of the request for execution will be executed by force with the execution agency. The judge ordered the Registrar of the Banda Aceh District Court and bailiffs accompanied by two witnesses to carry out execution against the land in order to ensure law enforcement by handing over the object of the land plot to the applicant for execution by order of the judge. From this decision, it was decided to carry out the execution of the land to fulfill the decision that has permanent legal force. The land object in dispute must be returned based on an inkrah court decision for certainty of law enforcement.]]>
<![CDATA[PENYELESAIAN PIUTANG AKAD MURABAHAH MENURUT FATWA DSN NOMOR 47 TAHUN 2005: STUDI PADA BANK SYARIAH INDONESIA KCP LHOKNGA ACEH BESAR ]]>
<![CDATA[Ghina Putri Raihan]]>;
<![CDATA[Husni Abdul Jalil]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4594
<![CDATA[This article aims to analyze the practice of settling murabaha receivables at BSI KCP Lhoknga with a study of Fatwa DSN-NO 47 of 2005. The fatwa provides guidance on sharia principles that must be adhered to in the settlement of murabaha receivables. The analysis is carried out on banking practices in settling murabaha receivables in community life. The aim is to ensure the development of an Islamic banking system that is free from usury. Because at this time there are still many people who think that Islamic banking and conventional banks are the same. This research is written with a conceptual approach, the type of research conducted in writing this scientific work uses a qualitative form, namely data collection in a scientific setting using scientific methods and conducted by scientifically interested people or researchers. The data used are primary data and secondary data. Primary data is obtained from interviews and observations. The results showed that the practice of settling murabahah receivables at BSI KCP Lhoknga seen from the review of DSN-MUI fatwa No. 47 of 2005 discusses the settlement of murabahah receivables for customers who are unable to pay, and the fatwa provides settlement requirements that must be followed as well as the responsibilities of customers and LKS to carry out settlements in accordance with the provisions in the fatwa. Therefore, the settlement practice has complied with the commandments of sharia principles including fairness and transparency in determining the amount of debt that must be paid by the debtor, and the fatwa which also regulates procedures when settling debts in situations of late payment or inability to pay. So, basically this contract is a direct agreement where the desired profit is predetermined. Fatwa DSN-NO 47 of 2005 explains that the settlement must be complied with, such as the object of collateral being sold by the customer at an agreed price and then the customer paying off the remaining forest to the Islamic financial institution (LKS) from the proceeds of the sale.]]>
<![CDATA[PERLINDUNGAN KONSUMEN DARI PRODUK KOSMETIK ILEGAL MENURUT HUKUM ISLAM: STUDI PADA BPOM ACEH, INDONESIA ]]>
<![CDATA[Kartika Dwi Novasari]]>;
<![CDATA[Nurul Fithria]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4604
<![CDATA[This article aims to analyse a consumer protection in cosmetic products that are not registered with Food and Drug Administration (Badan Pengawas Obat dan Makanan, BPOM). It uses the normative-juridical research methods with a statutory approach. The results shows that Indonesia has a legal relating to consumer protection, namely Law Number 8 of 1999 concerning Customer Protection. Thus, any fraudulent businesses actors who still frequently violate statutory regulations can be subject to sanctions in the form of administrative or criminal sanctions. Additionally BPOM as a supervisory agency also actively monitors the circulation of this dangerous product and even withdraws the product if it is proven to contain dangerous ingredients. Similarly, in the context of Islamic law, this supervision is strengthened by the principles of justice, responsibility and protection of consumers. Islamic law‘s objective is to ensure that cosmetic products on the market meet the safety standards set by Islamic principles, as well as providing appropriate protection to consumers fro]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KERUGIAN PADA PELAKU USAHA JASA MAKE UP AKIBAT WANPRESTASI KONSUMEN ]]>
<![CDATA[Aidila Safitri]]>;
<![CDATA[Ida Friatna]]>
<![CDATA[ Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah ]]>
Publisher : <![CDATA[Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry ]]>
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DOI: 10.22373/al-mudharabah.v5i1.4613
<![CDATA[The Developments in the beauty industry are growing rapidly and various beauty trends are emerging as market demand increases. This article aims to examine the legal protection of business actors due to defaults committed by consumers. This type of research is a qualitative descriptive approach through case studies. Primary data was obtained from interviews with a number of makeup artists in Pidie Regency, Indonesia. While secondary data is obtained from a number of articles related to this research. The results show that legal protection of business actors is not going well, especially due to consumers who do not have good faith to pay for orders that have been ordered. For example, in the case experienced by Yolanda make up where she was supposed to get a payment of Rp. 600,000 for the engagement event according to the price list, but only received a payment of Rp. 300,000, meaning that the rest was not paid by the consumer because the reason was not as expected. In this case, normally, consumer protection has been established based on Law No.8 of 1999 concerning Consumer Protection (UUPK), but in law enforcement, disputes like this must be resolved personally by the parties, which often does not get an agreement.]]>
