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Anggita Anggriana
Fakultas Syariah IAIN Pontianak
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PENDEKATAN KEKELUARGAAN DALAM AKAD SEWA MENYEWA LAHAN PERTANIAN DI KALANGAN MASYARAKAT KELURAHAN SETAPUK BESAR SINGKAWANG UTARA Syssy Nurhidayati; Firdaus Achmad; Anggita Anggriana
Al-Aqad Vol. 4 No. 1 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i1.2484

Abstract

The purpose of this research is to find out the practice of leasing agricultural land among the people of Setapuk Besar Village, North Singkawang. In addition, researchers reviewed the ijarah contract regarding the practice of leasing agricultural land among the people of Setapuk Besar Singkawang Utara Village. This type of research is field research with a qualitative-descriptive method and uses a normative-sociological approach. This research uses observation techniques to the research location, namely in Setapuk Besar Singkawang Utara Village, interviewing agricultural land owners and agricultural land tenants and conducting documentation. The tools used are in the form of interview guidelines and documentation obtained using cell phones and other supporting tools. Primary data sources were obtained from interviews with resource persons while secondary data sources were obtained from literary references. The data validity checking technique used is source triangulation, which is a technique of checking data through several sources. The results of this study indicate that the implementation of agricultural land leasing carried out by the community with a family approach includes leasing with a profit-sharing system, but in practice, the rental payment is not emphasized by the landowner so the land tenant tends to ignore the rental payments that have been agreed upon at the beginning. Based on Islamic law, the rental practices carried out are not yet appropriate because the renting parties tend not to fulfil the agreement. There is a discrepancy in payment and rental activities carried out so it does not fulfil the provisions of the ijarah contract which uses the harvest in the form of rice.
JUSTIFIKASI HUKUM PADA AKTIVITAS KELOMPOK ARISAN PERSATUAN DI DESA PENIRAMAN KECAMATAN SUNGAI PINYUH KABUPATEN MEMPAWAH Salsabila Salsabila; Moch. Riza Fahmi; Anggita Anggriana
Al-Aqad Vol. 4 No. 1 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i1.2713

Abstract

The study aims to reveal Legal Justifications for the Get-Together Tradition Group Activities in Peniraman Village, Sungai Pinyuh District, Mempawah Regency. This research aims to find out: 1) The views of the people of Peniraman Village, Sungai Pinyuh District, Mempawah Regency regarding the tradition of the get-together group. 2) Justification of the law of the get-together tradition in Peniraman Village, Sungai Pinyuh District, Mempawah Regency. This research is a type of empirical normative research with a qualitative approach, while data collection techniques use primary data, namely observation, interviews, and documentation. Data collection tools used by the researcher are interview guides, paper stationery, and electronic devices. Meanwhile, data analysis techniques and concluding testing data validity use member-check. The results of the research show that: 1) The society of Peniraman Village considers the get-together group as a tradition that must be preserved because it contains positive things such as always maintaining friendly relations and the feeling of mutual help that is generated by the group tradition in Peniraman Village. 2) Because this group is well known by the public and does not conflict with the postulates of Sharia'. In terms of the validity of the get-together group, it is included in permissible transactions (permissible) to be carried out because there is an element of mutual help in it and there are no elements of usury or maisir that arise in the get-together group contract in Peniraman Village.
PEMBATALAN PESANAN DI PT GO-JEK DALAM PERSPEKTIF KOMPILASI HUKUM EKONOMI SYARIAH (KHES) Naya Atiqa Salsabilla; Syahbudi Syahbudi; Anggita Anggriana
Al-Aqad Vol. 4 No. 2 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i2.3402

Abstract

This study aims to determine the factors that cause cancellation of orders between drivers and consumers on the Go-Jek application. Knowing the KHES view on canceling orders between drivers and consumers on the Go-Jek application. The research uses qualitative research methods with the type of field research and normative sociological approach. Data collection techniques used by researchers are observation methods, interviews with sources and documentation. Data analysis researchers do data reduction, data display, and conclusion drawing. Then the data is checked for validity by tringulation of sources. The argument of this research is that the implementation of order cancellation both by consumers and drivers is influenced by legal awareness that is paragmatic, but accommodates the wishes of the parties. This research provides an understanding of several factors that cause the cancellation of orders between drivers and consumers in the Go-Jek application including: 1. From the consumer's point of view: long pick-up time due to weather or vehicle problems, Driver's identity does not match the application, the vehicle number does not match the Driver's account. 2. From the Driver's point of view: the order is too far above 4 km so the cost of gasoline is high, there is a problem with the vehicle. According to KHES, the relationship between consumers and Gojek drivers can be seen as an Ijarah contract. However, KHES prohibits unilateral cancellation unless there are legally justified reasons.
BISNIS DROPSHIPPING KOSMETIKA PADA SHOPEE MENURUT FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA NO: 145/DSN-MUI/XII/2021 TENTANG DROPSHIP BERDASARKAN PRINSIP SYARIAH Qurrotul Uyun; Rusdi Sulaiman; Anggita Anggriana
Al-Aqad Vol. 4 No. 2 (2024): Al-Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-aqad.v4i2.3421

Abstract

This study aims to determine the mechanism of dropshipping cosmetics business in shopee according to the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII/2021 concerning Dropshipping Based on Sharia Principles: 145/DSN-MUI/XII/2021 concerning Dropship Based on Sharia Principles. This research uses qualitative methods with empirical normative research. Data sources were obtained from the results of drop shipper interviews on the shoppe application. While secondary data is obtained through primary legal material, namely the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII/2021 on Dropship Based on Sharia Principles: 145/DSN-MUI/XII/2021 concerning Dropship Based on Sharia Principles and other materials such as books, journals, laws, and articles related to the research. Data collection techniques through observation, interviews, and documentation. The results showed 1). In starting a dropshipping business on the Shopee application, the first step that must be taken by a Shopee drop shipper is to create a Shopee account and store account and find the right cosmetics supplier. When there is an order from the buyer, the drop shipper orders it to the supplier, using the buyer's address as the shipping destination and activating the send feature as a drop shipper. Sales funds will be received by the supplier and dropshipper when the buyer or dropshipper clicks the order is complete or the warranty period in the shopee application has expired. Buyers can also return goods or funds for certain reasons before the warranty period ends. 2). The dropshipping mechanism in the shopee application is in accordance with the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 145/DSN-MUI/XII: 145/DSN-MUI/XII/2021 Regarding Dropship Based on Sharia Principles.
Covid-19 Sebagai Alasan Force Majeure Atas Pembatalan Keberangkatan Umrah Di PT. Tazakka Elhaq Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Muhammad Reza Nawawi; Rusdi Sulaiman; Anggita Anggriana
Al-Aqad Vol. 5 No. 1 (2025): Al Aqad: Journal of Shariah Economic Law
Publisher : LP2M and Shariah Faculty of The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze whether the Covid-19 pandemic can be considered a force majeure under the Compilation of Sharia Economic Law (KHES) and how PT. Tazakka Elhaq responded to the cancellation of umrah departures due to the pandemic. Using a normative-empirical legal approach, the research collected primary and secondary data through interviews and documentation, analyzing the data qualitatively. The findings indicate that Covid-19 fulfills the criteria of a force majeure event as stipulated in Article 41 of KHES and can be classified as a relative force majeure, since, although umrah travel was technically still possible, the associated risks and potential losses were excessively high and beyond reasonable limits. In accordance with the Minister of Religious Affairs Regulation (KMA) No. 719 of 2020, PT. Tazakka Elhaq adopted a policy of assuming responsibility in three forms: material (refunding costs to pilgrims who canceled), moral (maintaining trust through transparent communication and service), and legal (negotiating rescheduling of departure dates for pilgrims who chose to postpone rather than cancel).
Co-Authors Firdaus Achmad Moch. Riza Fahmi Muhammad Reza Nawawi Naya Atiqa Salsabilla Qurrotul Uyun Rusdi Sulaiman Salsabila Salsabila Syahbudi Syahbudi Syssy Nurhidayati