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All Journal Al-Ahkam Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Hadratul Madaniyah Jurnal Hukum Ekonomi Islam (JHEI) Smart: Journal of Sharia, Tradition, and Modernity Electronic Journal of Education, Social Economics and Technology Journal of Islamic Law Studies Jurnal Hukum dan Pembangunan Mizan: Journal of Islamic Law
Heradhyaksa, Bagas
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Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Public Health Social Sciences Veterinary Other

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Review of Equity Crowdfunding Practices through Santara.id in the Perspective of Islamic Economic Law Octaviani, Rahma; Pamesti, Pas Ingrid; Heradhyaksa, Bagas
Al-Ahkam Volume 31, Nomor 2, Oktober 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.486 KB) | DOI: 10.21580/ahkam.2021.31.2.9014

Abstract

This article aims to find out the mechanism of equity crowdfunding through the santara platform from Islamic economic law. This article uses a qualitative method using library data. This article finds that santara.id is an intermediary between investors and issuers in developing a business. The scheme is similar to the muḍārabah contract, the investor is identical to ṣāḥib al-māl, and the issuer is identical to the muḍārib. However, this activity cannot be considered as muḍārabah cooperation because there has been no concrete agreement regarding the muḍārabah agreement. This article provides suggestions so that santara.id can further develop the platform's promotion in the community. It is because santara.id can provide investment services for the middle class, both as investors and issuers.
THE OPPORTUNITIES OF THE APPLICATION OF ISLAMIC CRIMINAL LAW ACCORDING TO INDONESIAN CONSTITUTION Heradhyaksa, Bagas; Jamal, Jasri
Journal of Islamic Law Studies Vol. 2, No. 2
Publisher : UI Scholars Hub

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Abstract

Islamic Criminal Law explains criminal offence and the punishments based on Islamic Law. The aim of Islamic criminal law is to maintain peace in the societies, whether for Muslim and non-Mus- lim, and reform the offenders. Running the Islamic criminal law is the right of every Muslim. The Indonesian Constitution guarantees the citizen’s freedom to run their own religion. In this context, running Islamic criminal law is part of Islamic religion. The objective of this paper is to know the opportunities of the application of Islamic criminal law according to Indonesian Constitution. This qualitative study will analyze the library data by referring to the books, the regulation in Indonesia and other sources that support this issue. Thus this paper is expected to generate the information about the possibility of the application of Islamic criminal law in Indonesia according to the Indone- sian Constitution which is the highest law in Indonesia.
THE ROLE OF SHARIA BANKING NOTARIES IN THE DEVELOPMENT OF SHARIA ECONOMIC LAW IN THE DIGITAL ERA Setyowati, Rofah; Heradhyaksa, Bagas; Rosyid, Maskur
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Notary has a strategic position in making Islamic banking contracts. This is because the Notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement, as well as sharia principles. This study is intended to analyze the legal consequences that arise in the relationship between the Notary profession and the Islamic banking industry. It is important to find opportunities and challenges of Notaries in supporting the development of Islamic economics in Indonesia. This study uses a philosophical, juridical and empirical approach. The results of the analysis show that the need for a notary who has sharia competence in Islamic banking isan urgent matter. In addition, the opportunities and challenges for sharia-compliant notaries are as great. This is due to the fact that the potential of the Islamic banking market is still very large, but there are also many technological developments with various problems. For this reason, Islamic competent notaries need to be confident that the conventional transaction concept is the design of Allah SWT, the Creator of man, so that it needs to be studied, practiced, disseminated and oriented towards finding solutions if there are still obstacles in its implementation.
Indonesia Sharia Stock Investment During Covid-19: Based on Islamic Economic Law Review Heradhyaksa, Bagas; Oktaviani, Rahma; Syukur, Suparman; Berlian, Hangrengga; Wahyudi, Ahmad
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1066

Abstract

The development of technology and financial literacy has increased the number of Indonesians who use stocks as an investment instrument. This also has an impact on the popularity of Islamic stocks. This is because many people are interested in Islamic investment instruments. However, the COVID-19 pandemic has had a significant impact on stock price movements. Sharia stock prices have also experienced very volatile movements due to the COVID-19 pandemic. This phenomenon raises the question of whether investing in Islamic stocks during the COVID-19 pandemic is against Islamic economic law. This is because Islamic stock prices seem to be filled with uncertainty and have experienced a very significant price decline. Moreover, due to the COVID-19 pandemic, the number of stock investors is increasing rapidly. This article aims to analyze Islamic stock investment during the COVID-19 pandemic through the perspective of Islamic economic law. To analyze this issue, this article collects data through library research. The data were analyzed using qualitative methods. In the end, this article finds that investing in Islamic stocks during the COVID-19 pandemic does not contradict the principles of Islamic economic law. Instead, this article suggests that the public can take advantage of a certain momentum to start investing in Islamic stocks.
English Englsih Berlian, Hangrengga; Hibnu Nugroho; Kuat Puji Prayitno; Budiyono; Heradhyaksa, Bagas
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i1.1579

Abstract

The coordination between the military and civilian justice systems in Indonesia in handling the joinder of parties in criminal cases continues to face various challenges. This study aims to evaluate the effectiveness of the joinder of parties mechanism in strengthening law enforcement by examining the roles of military prosecutors (JAMPIDMIL) and public prosecutors. The research adopts a normative legal approach, involving a qualitative analysis of the implementation of relevant laws and regulations. The findings indicate that although Presidential Regulation Number 15 of 2021 concerning JAMPIDMIL has facilitated greater integration between the military and civilian justice systems, procedural inconsistencies and limited resources hinder effective coordination. The prosecution process is further complicated by conflicting jurisdictional determinations between the two systems. These issues, along with a fragmented legal framework and complex procedures, make the theory of an Integrated Criminal Justice System difficult to implement optimally. To address these challenges, a comprehensive strategy is required, including the establishment of a special committee to draft Standard Operating Procedures (SOPs), regulatory reform, and the enhancement of human resource capabilities through targeted training. JAMPIDMIL must be empowered under strict supervision to prevent any misuse of authority. These measures are expected to improve efficiency, facilitate the transfer of cases between military and civilian courts, and enhance legal certainty in joinder cases. Despite regulatory progress, aligning the prosecution functions of military auditors and public prosecutors still demands continuous and concerted efforts to achieve higher standards of justice
CONSTRUCTION OF THE FIVE PILLAR LAW OF MUBADALAH IN THE PERSPECTIVE OF ISLAMIC MARRIAGE PHILOSOPHY Munawaroh, Lathifah; Heradhyaksa, Bagas; Sadari, Sadari
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.16043

Abstract

The philosophy of Islamic marriage is often overlooked by the perpetrators of marriage so that the divorce rate is always high. For example, the Central Statistics Agency (BPS) released data on the divorce rate in Central Java for various reasons, in 2020 it reached 65,815 divorces, in 2021 there will be no less than 65,722. Although comparing to the figures in the previous year, this figure has decreased slightly, it is still said to be high. One way to reduce this number is to require a complete understanding of the philosophy of Islamic marriage. The five pillar mubadalah can be jointly carried out by each husband and wife, so that household harmony can be achieved together. This paper seeks to examine this, where the type of research used is literature review with documentation techniques, the approach used is normative theology with content analysis techniques and drawing conclusions with a deductive thinking framework. The results of this study are that the philosophy of Islamic marriage is parallel to the maqasid sharia of marriage. Maqashid sharia marriage has two dimensions: maqashid ashliyyah or main maqashid, and maqashid taba'iyyah or complementary maqashid. The five pillar mubadalah are tips that need to be considered to create maqashid marriage and a philosophy of Islamic marriage at once
Regulation of Investor Protection of Information Technology-Based Shari'ah Crowdfunding Services in Indonesia from the Perspective of Shari'ah Economic Law Fachruddin, Mohammad Reza; Tajrid, Amir; Heradhyaksa, Bagas
Electronic Journal of Education, Social Economics and Technology Vol 5, No 2 (2024)
Publisher : SAINTIS Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33122/ejeset.v5i2.194

Abstract

Investor protection is needed in IT-based Islamic crowdfunding services to avoid the use of funds that are not in accordance with the predetermined Budget Plan (RAB) and late sukuk payments by the Issuer. In fact, in the report submitted by PT LBS Urun Dana as the organiser, there are several issuers who are late in paying sukuk. This situation raises concerns and losses for investors. This research aims to see how investor protection arrangements for Information Technology-based Islamic crowdfunding services in Indonesia and how the law of these arrangements in the perspective of Sharia Economic Law. This type of research is qualitative literature research with a juridical-normative approach. Data collection is done through documents. This research concludes that there is no law that contains investor protection regulations in IT-based sharia crowdfunding services. The absence of this law has the potential for non-transparent fund management and misappropriation by the Issuer. Clear regulations to avoid losses so that they are in accordance with the agreed agreement. From the perspective of Islamic economic law, the law on investor protection in Information Technology-based Islamic crowdfunding services is mandatory.
Implementasi Investasi Emas Syariah Perspektif Hukum Islam Heradhyaksa, Bagas
Jurnal Hukum Ekonomi Islam Vol. 6 No. 1 (2022): Jurnal Hukum Ekonomi Islam (JHEI)
Publisher : Asosiasi Pengajar dan Peneliti Hukum Ekonomi Islam Indonesia (APPHEISI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55577/jhei.v6i1.111

Abstract

Investment is one of the economic activities which is managed by saving or investing funds in the form of money or assets in a company and these funds are managed by Investment Management, with the hope that the investment can be successful and will obtain profits and benefits in the future. In Indonesia, there are not only conventional investments but also sharia investments which are managed according to the principles of Islamic law, especially in Indonesia, the majority of the population is Muslim. One type of Islamic investment is in the form of gold investment. Gold can be used as a sharia-based investment instrument because apart from being safe, the price of gold is also relatively rising every year. With technological advances in this modern era, gold investment can be made through an online application which is of course registered with the Financial Services Authority. This article aims to find out the views of Islamic law on the implementation of sharia investments with gold instruments in online applications and about how to manage them. This article uses descriptive qualitative research methods to process data and produce a description of the data in the form of sentences that are arranged regularly and effectively and logically. The results in this study found that the Islamic view of the implementation of gold investment in online applications is allowed and in its management it is collected by the Investment Manager then the total successful funds will be invested into several instruments such as bonds, stocks, money markets or according to investment policies. The conclusion is that investing in gold in online applications is allowed because it is in accordance with Islamic principles and its management is safe. Therefore, the public, especially the millennial generation, can invest in gold in online applications.
Forex Trading in the Perspective of Islamic Economic Law Heradhyaksa, Bagas
Jurnal Hukum Ekonomi Islam Vol. 6 No. 2 (2022): Jurnal Hukum Ekonomi Islam (JHEI)
Publisher : Asosiasi Pengajar dan Peneliti Hukum Ekonomi Islam Indonesia (APPHEISI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55577/jhei.v6i2.122

Abstract

ABSTRAK Perdagangan internasional semakin berkembang pesat. Transaksi keuangan antar negara juga semakin meningkat. Setiap negara memiliki mata uang yang berbeda-beda. Setiap mata uang juga memiliki nilai yang tidak sama. Oleh karena itu, diperlukan skema foreign exchange, as known as Forex, untuk memperlancar perdagangan internasional. Forex bermanfaat agar memberikan nilai yang seimbang saat terjadi pertukaraan mata uang sehingga perdagangan internasional dapat berjalan dengan baik. Forex telah menjadi bagian dari kehidupan modern, termasuk umat moeslem tidak dapat terlepas dari aktivitas forex. Tujuan dari penelitian ini adalah ingin mengetahui pandangan Islamic economic law tentang forex. Untuk mendapatkan jawaban tersebut, penelitian ini mengumpulkan data dari studi pustaka dan dianalisis secara kualitatif. Oleh karena itu, penelitian ini menggunakan pendekatan normatif. Penelitian ini mendapatkan bahwa Islamic economic law memperbolehkan aktivitas forex. Namun, begitu melarang forex sebagai bentuk spekulasi dan hanya memperbolehkan forex sebagai fasilitas pemenuhan kebutuhan dalam hal perdagangan. Hal ini menjadi penting karena banyak orang yang menggunakan instrumen forex sebagai sarana investasi yang mana dipenuhi ketidakpastian ABSTRACT International trade is growing rapidly. Financial transactions between countries are also increasing. Each country has a different currency. Each currency also has a different value. Therefore, a foreign exchange scheme, as known as Forex, is needed to facilitate international trade. Forex is useful in order to provide a balanced value when a currency exchange occurs so that international trade can run well. Forex has become a part of modern life, including Muslims, cannot be separated from forex activities. The purpose of this study is to find out the views of Islamic economic law on forex. To get these answers, this study collected data from literature and analyzed it qualitatively. Therefore, this study uses a normative approach. This research finds that Islamic economic law allows forex activities. However, it prohibits forex as a form of speculation and only allows forex as a means of fulfilling needs in terms of trading. This is important because many people use forex instruments as an investment vehicle which is filled with uncertainty
PARADIGMA CRITICAL THEORY ET AL : TINJAUAN TERHADAP PERDA JAWA TIMUR NOMOR 6 TAHUN 2014 TENTANG PENGENDALIAN, PENGAWASAN, DAN PEREDARAN MINUMAN BERALKOHOL Heradhyaksa, Bagas; Aji, Rizqon Halal Syah
JURNAL ILMU SYARIAH Vol 8 No 1 (2020): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v8i1.20258

Abstract

Adopsi paradigma hukum dalam praktik penegakan hukum (law enforcement) secara empirik dapat dimaknai sebagai penggunaan nilai berfikir filosofis dalam penanggulangan masalah hukum berdasarkan sistem nilai. Oleh karenanyadiperlukan analisa mendalam terhadap pasangan nilai yang melingkupi filsafat hukum agar satu sama lain tidak paradoks. Termasuk dalah hal ini permasalah Peraturan Daerah yang berkaitan dengan minuman beralkohol. Metode penelitianyang digunakan dalam penelitian ini adalah Metode Kualitatif dengan pendekatan normatif yuridis dari berbagai literatur. Hasil penelitian menyatakan bahwa perda Jawa Timur Nomor 6 Tahun 2014 tentang pengendalian, pengawasan, danperedaran minuman beralkohol tidak memuaskan, karena masih memerlukan perbaikan di berbagai aspek untuk dapat mengakomodir nilai norma dan mewujudkan peraturan yang baik sesuai dengan nilai kebudayaan, moral, dan norma yang hidup di masyarakat.
Co-Authors Ahmad Wahyudi Amir Tajrid Berlian, Hangrengga BUDIYONO Fachruddin, Mohammad Reza Hibnu Nugroho Jasri Jamal Kuat Puji Prayitno munawaroh, lathifah Octaviani, Rahma Oktaviani, Rahma Pamesti, Pas Ingrid Rizqon Halal Syah Aji, Rizqon Halal Rosyid, Maskur Sadari Sadari, Sadari Setyowati, Rofah Sholihah, Fithriyatus Suparman Syukur