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Rechtsvinding
Published by Civiliza Publishing
ISSN : -     EISSN : 29874424     DOI : https://doi.org/10.59525/rechtsvinding
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
This journal is published by Civiliza Publishing twice a year (June an December). The presence of the journal accommodates scientific writings from the academic community, researchers, students, and practices in Sharia Economic Law and law that have good values ​​and high rationality. The scope of the discussion about sharia economic law (muamalah) with sharia principle and values.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2023)" : 5 Documents clear
Tinjauan Hukum Islam terhadap Kerjasama Antara Pengemudi dan PT. Gojek Indonesia Cabang Madiun Wahyu Ni'am Arrozi
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.153

Abstract

This research departs from the practice of cooperation between drivers and PT. Gojek Indonesia, in which there is a withdrawal of attributes in the form of jackets and helmets as capital that has been purchased by the driver from the company. Also, the driver's balance will be forfeited when the partnership with the company ends, where the balance is an advantage that should have been owned by the driver. This is detrimental to the driver and profitable for the company. Collaboration between the driver and PT. Gojek Indonesia is a form of muamalah activity, namely musharakah and is included in the Shirkah Abdan category, because the two parties partner with capital and carry out joint efforts to get profits and are divided according to a mutual agreement. The aims of this study are: (1) to explain the review of Islamic law on the cooperation agreement between the driver and PT. Gojek Indonesia Madiun Branch. (2) Explain the review of Islamic law on the ownership of Gojek driver attributes. (3) Explain the review of Islamic law on the ownership of Gojek drivers' GoPay balances. According to its type, this research includes qualitative field research, namely seeking data directly into the field by looking closely at the object under study. The approach used in this study is a case study with data collection methods of interviews, observation, and documentation. Field data originating from administrators and drivers are then analyzed whether they are in accordance with Sharia Economic Law or not. From the data analysis it can be concluded that, (1) a review of Islamic law on the cooperation contract between the driver and PT. Gojek Indonesia's Madiun Branch is included in muamalah practices, namely Shirkah and is included in Shirkah 'Inan, where both parties partner with capital and do business for profit and are divided according to a mutual agreement. And that is legally permissible based on the Koran. (2) A review of Islamic law on ownership of Gojek driver attributes that the capital provided by the company to the driver is invalid because it does not comply with one of the requirements in capital, namely capital must be cash or cash and may not be owed. Regarding the withdrawal of attributes in the form of jackets and helmets when the driver's partnership with the company ends, it is not in accordance with the Shari'a. (3) A review of Islamic law on the ownership of Gojek drivers' GoPay balances, the driver's balance being forfeited due to a partner breaking up or freezing the balance by the company is contrary to Islamic law.
Eksistensi Fungsi Dewan Perwakilan Daerah Sebagai Lembaga Perwakilan Daerah Dalam Sistem Bikameral Nyoman Nidia Sari Hayati
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.154

Abstract

DPD is a representative body that was born on the third amendment of the 1945 Constitution which is the representation of the people of the area which is a representative second chamber after the House of Representatives. Interest DPD formed to represent local people's voice with various laws in favor of the local community. However, the regulations and the Act does not provide the appropriate authority of the DPD is different from the authority given to the House of Representatives. This differs from the various countries of the world are on a strong power authority in the legislative for DPD called to the Upper House or Senate. This research was conducted with the comparative method is to provide a comparison authority of the DPD in various countries of the world and the historical approach to determine the origin and development of DPD and bicameral system.
Hukum Produk Cicil Emas di Bank Syariah Mandiri Ponorogo Maulida Agustina; Khoirul Fathoni
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.155

Abstract

This study examines one of the products in Mandiri Islamic banks, namely gold installment products that use a murabaha contract. the problem is with the item, when the contract occurs, the object of the contract or gold is not owned by the independent Islamic bank and at the beginning of this contract there is a price discount agreed at the beginning of the contract when the customer pays off the installments at the beginning of the contract. The purpose of this study was to find out the law on murabahah contracts on gold installment products at Mandiri Syariah Bank Ponorogo and the law on murabahah repayment deductions on gold installment products at Mandiri Syariah Bank Ponorogo. This type of research is field research with descriptive analysis methods and data collection using observation, interviews and documentation. The results of this study are that the object of gold installment products at Mandiri Islamic banks using a murabaha contract is not in accordance with Islamic law which should be and the repayment deduction on the murabahah contract agreed upon at the beginning on gold installment products at Mandiri Islamic bank Ponorogo is also not in accordance with the DSN MUI fatwa No. 23 of 2002.
Hukum Jual Beli Semut Jepang Menurut Pandangan Ulama Nahdlatul Ulama (NU) Ponorogo Siti Safinaturrohmah
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.156

Abstract

The study of fiqh from time to time continues to change and develop, including in terms of mu'amalah, mu'amalah is a part of Islamic law because mu'amalah is a matter that regulates relations between humans in society with regard to buying and selling while maintaining religion, ancestry and treasure. But everything that is done by humans must have the essence of maslahah contained in it, such as buying and selling Japanese ants which are used for medicine. Japanese ants are considered to contain many harmful side effects so they contain a lot of mafsadat. As for the preparation of this thesis, what the writer wants to achieve is to find out 1) what is the view of the Ponorogo Nahdlatul Ulama (NU) Ulama on the issue of buying and selling Japanese ants?, 2) What legal basis is used by the Ponorogo Nahdlatul Ulama (NU) Ulama in punishing the sale and purchase of ants Japan?. In this study the authors conducted field research. Researchers in extracting field data are using a qualitative approach, and analysis with an inductive method, namely examining facts and data that are specific and ending with general conclusions. To manage data, the authors use editing, organizing, and finding results. The results of this study concluded: Nahdlatul Ulama (NU) Ponorogo scholars differed in convicting the buying and selling of Japanese ants, some said it was permissible or legal and some said it was not permissible or illegal. The reason for its permissibility is because there are maslahahs and it fulfills the conditions and pillars of buying and selling. The reasons for its inadmissibility are that there are harm or problems in terms of its usefulness, Japanese ants do not have clarity about their benefits, the medical team (Indonesian Doctors Association) also does not issue research results regarding the benefits of Japanese ants for certain diseases, so this benefit is just a myth from society or from unscrupulous individuals. which creates new business opportunities for the sake of creating large profits. Meanwhile, the legal basis used by Nahdlatul Ulama (NU) Ponorogo scholars is different, and results in different decisions.
Hukum Jual Beli Kucing Hias di Toko Loly Petshop Jalan Suromenggolo Ponorogo Nurul Ihtiawati Baroroh
Rechtsvinding Vol. 1 No. 1 (2023)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v1i1.157

Abstract

This study discusses muamalah activities regarding the buying and selling of ornamental cats carried out by the Ponorogo community without considering the law and also regarding the expensive price of cats with unclear benefits or whether these cats are not necessarily beneficial to their owners. So this research will discuss how the legal analysis of the sale and purchase contract of decorative cats at the Loly Petshop shop on Jalan Suromenggolo Ponorogo and how to analyze the maslahah of the object of buying and selling cats at the Loly Petshop shop on Jalan Suromenggolo Ponorogo. This research is a field research with qualitative methods. Researchers conduct research in the field directly to find facts and phenomena that occur in the field. This research data collection technique using observation and interview techniques. The results of this study are that in the case of buying and selling of ornamental cats, it is permissible (mubah), the requirements for goods that are lawful to be sold, provide benefits and can also be known for the goods, the goods being traded are sacred goods. Thus, trading unclean goods is not justified even though cats usually sleep or walk carelessly, but cats are sacred animals. According to the maslahah study, there are two opinions, the first assumes that cats can be used as a business field, that is, they can be resold when the cats have given birth because ornamental cats have a high value, so that it can be said to be tahsiniyah needs. The second opinion says that cats are entertainment, reduce stress and playmates, but for people with middle to upper economic levels, cats are included in the needs of hajiyat. So the cat here includes the scope of hajiyat and tahsiniyat, namely things that complete the needs of dharuriyat.

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