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Sharia Banking Syndicated Financing in The Context of Funding Strategic Projects after Islamic Financial Qanun Institution in Aceh Nurhisam, Luqman; Eriyanti, Nahara; Mundakir, Mundakir; Mursid, Fadillah; Khulwah, Juhrotul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.15891

This article focus on Islamic banking syndicated financing in the context of funding strategic projects in Aceh Province after the enactment of Qanun Number 11 of 2018. The research methodology used is normative legal study, which includes analysis of norms, principles of Islamic banking, and opinions of Islamic economic law experts. The approaches employed are the legislative approach. The object of this research is focused on the role of Islamic banks and the mechanisms carried out by Islamic banking in syndicated financing after the establishment of Qanun Number 11 of 2018 concerning Islamic Financial Institutions. The results of this study indicate that in the context of funding strategic projects, the infrastructure development of Aceh Province. That Islamic banking syndicated financing has an important role on the basis of financing needs on a large scale. It is hoped that the syndicated financing will be the right solution by referring to several provisions that contain sharia principles in the sharia banking syndicated financing process. The enactment of Qanun Number 11 of 2018 concerning Islamic Financial Institutions, became the legal basis for the implementation of syndicated financing. In addition, it also refers to the fatwa issued by DSN-MUI Number 91/DSN-MUI/IV/2014 concerning Syndicated Financing (Al-Tamwil Al-Mashrifi Al-Mujamma'), and based on OJK Circular Letter No. 36/SEOJK.03/ 2015 concerning Products and Activities of Islamic Commercial Banks and Sharia Business Units. So the implementation of syndicated financing at Islamic banks in Indonesia is in principle in line with the existing provisions in Sharia, but still must continue to be supervised by the Sharia Supervisory Board/DPS in this case the context is the Aceh Sharia Council/DSA so that there are no violations in its implementation.

YURIDICAL ANALYSIS SYUF`AH RIGHTS IN LAND SALE AND PURCHASE TRANSACTIONS (Case Study In Darussalam District) Nurhisam, Luqman; Abdullah, Arifin; Fauzan, Faisal; Nurdianti, Nurdianti
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20466

Land buying and selling transactions are closely related to people's lives which are a benchmark for whether or not the public understands land buying and selling transactions as regulated in Islamic law and Indonesian positive law. Disobedience in carrying out land sale and purchase transactions can lead to disputes which result in disputes in the future in society. Land buying and selling transactions that occur in the Darussalam sub-district community are the object of research conducted to see how the process of buying and selling land occurs whether there is an application of syuf`ah rights according to the provisions in fiqh muamalah and Islamic law. In this study, the main focus of the research is how the practice of buying and selling land in Darussalam sub-district, how is the existence of the application of syuf`ah rights that occur in society and how is the juridical analysis of syuf`ah rights in buying and selling land. The method used in this study is the method qualitative and sociological juridical with the type of field research (field research) and library research (library research). Research data were analyzed by means of descriptive analysis. Based on the analysis, it shows that land buying and selling transactions are in accordance with the applicable land sale provisions, in practice the community enforces syuf`ah activities in the process and becomes a necessity in land buying and selling transaction activities, but there are still those who do not carry them out due to a lack of understanding of syuf'ah rights . In this study, it was found that not all local people know the mention of syuf`ah rights in their daily lives, mention of syuf`ah rights in general is often referred to as "neighboring rights". The implementation of neighbor rights is still being used and continues to grow in society.Keywords: Islamic Law, Fiqh Muamalah, Syuf`ah Rights, Land Management, Land Purchase Transactions

SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES. A CASE STUDY OF DECISION NUMBER 1/PDT.G.S/2019/PA.KDS Nurhisam, Luqman; Eriyanti, Nahara
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25842

As the activities of the Sharia economy develop, the number of Sharia economic dispute cases submitted to the Religious Court has increased. One of the cases decided by the Kudus Religious Court is the Breach of Contract Lawsuit with Decision Number 1/P.dt.G.S/2019/PA.Kds. The Supreme Court issued Regulation Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Disputes, which includes simple lawsuits and ordinary lawsuits. Simple lawsuits are further regulated in Supreme Court Regulation Number 2 of 2015, which was later amended to Supreme Court Regulation Number 4 of 2019 concerning Procedures for the Settlement of Simple Lawsuits. This regulation aims to ensure that the resolution of Sharia economic disputes is simpler, faster, and less costly. This research aims to analyze the process and mechanism for resolving simple Sharia economic dispute lawsuits at the Kudus Religious Court, examine the judges' considerations in deciding Sharia economic dispute cases, and identify challenges in resolving Sharia economic disputes. The type of research used is field research with a qualitative approach, utilizing primary, secondary, and tertiary data. The results of the study show that the process and considerations of the judges in Decision Number 1/P.dt.G.S/2019/PA.Kds are in accordance with applicable regulations. However, the resolution of the case takes quite a long time. Therefore, judges in the Religious Courts are required to have competence in Sharia economic law to handle cases more effectively and efficiently.

Implementasi Teknologi Kecerdasan Buatan dalam Operasional Lembaga Keuangan Syariah Azza Naufi Tiam Martha Putri; Nurhisam, Luqman
At-Tasharruf "Jurnal Kajian Ekonomi dan Bisnis Syariah" Vol. 7 No. 1 (2025): At-Tasharruf
Publisher : Universitas Muhammadiyah Jember

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

This study examines how the application of Artificial Intelligence (AI) Technology aims to improve the operations of Islamic Financial Institutions along with the development of financial product innovation in technological advances in the era of disruption. In addition, the need for fast and accurate services and increasingly tight competition in the financial industry. The focus of this study is to analyze how Artificial Intelligence (AI) Technology can support the operations of Islamic Financial Institutions in improving operational efficiency and financial risk management. The research method uses normative juridical research, which is a legal research method by examining relevant literature or secondary materials in the research. The results of the study show that the use of Artificial Intelligence (AI) Technology can accelerate the operational process of Islamic Financial Institutions in financial transactions, improve the quality of financial services and reduce the risk of loss (risk management) through better data management and analysis. In its operations, Islamic Financial Institutions are required to comply with the rules set by the Financial Services Authority (OJK) and the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) to be in line with sharia principles (Sharia Compliance).

YURIDICAL ANALYSIS SYUF`AH RIGHTS IN LAND SALE AND PURCHASE TRANSACTIONS (Case Study In Darussalam District) Nurhisam, Luqman; Abdullah, Arifin; Fauzan, Faisal; Nurdianti, Nurdianti
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20466

Land buying and selling transactions are closely related to people's lives which are a benchmark for whether or not the public understands land buying and selling transactions as regulated in Islamic law and Indonesian positive law. Disobedience in carrying out land sale and purchase transactions can lead to disputes which result in disputes in the future in society. Land buying and selling transactions that occur in the Darussalam sub-district community are the object of research conducted to see how the process of buying and selling land occurs whether there is an application of syuf`ah rights according to the provisions in fiqh muamalah and Islamic law. In this study, the main focus of the research is how the practice of buying and selling land in Darussalam sub-district, how is the existence of the application of syuf`ah rights that occur in society and how is the juridical analysis of syuf`ah rights in buying and selling land. The method used in this study is the method qualitative and sociological juridical with the type of field research (field research) and library research (library research). Research data were analyzed by means of descriptive analysis. Based on the analysis, it shows that land buying and selling transactions are in accordance with the applicable land sale provisions, in practice the community enforces syuf`ah activities in the process and becomes a necessity in land buying and selling transaction activities, but there are still those who do not carry them out due to a lack of understanding of syuf'ah rights . In this study, it was found that not all local people know the mention of syuf`ah rights in their daily lives, mention of syuf`ah rights in general is often referred to as "neighboring rights". The implementation of neighbor rights is still being used and continues to grow in society.Keywords: Islamic Law, Fiqh Muamalah, Syuf`ah Rights, Land Management, Land Purchase Transactions

SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES. A CASE STUDY OF DECISION NUMBER 1/PDT.G.S/2019/PA.KDS Nurhisam, Luqman; Eriyanti, Nahara
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 14 No. 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25842

As the activities of the Sharia economy develop, the number of Sharia economic dispute cases submitted to the Religious Court has increased. One of the cases decided by the Kudus Religious Court is the Breach of Contract Lawsuit with Decision Number 1/P.dt.G.S/2019/PA.Kds. The Supreme Court issued Regulation Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Disputes, which includes simple lawsuits and ordinary lawsuits. Simple lawsuits are further regulated in Supreme Court Regulation Number 2 of 2015, which was later amended to Supreme Court Regulation Number 4 of 2019 concerning Procedures for the Settlement of Simple Lawsuits. This regulation aims to ensure that the resolution of Sharia economic disputes is simpler, faster, and less costly. This research aims to analyze the process and mechanism for resolving simple Sharia economic dispute lawsuits at the Kudus Religious Court, examine the judges' considerations in deciding Sharia economic dispute cases, and identify challenges in resolving Sharia economic disputes. The type of research used is field research with a qualitative approach, utilizing primary, secondary, and tertiary data. The results of the study show that the process and considerations of the judges in Decision Number 1/P.dt.G.S/2019/PA.Kds are in accordance with applicable regulations. However, the resolution of the case takes quite a long time. Therefore, judges in the Religious Courts are required to have competence in Sharia economic law to handle cases more effectively and efficiently.

Tinjauan Hukum Islam terhadap Akad Istishna’ (Studi pada Jual Beli dan Pemasaran Usaha Mebel CV Dua Putra Jati Jepara) Ngazizah, Inna Fauziatal; Nurhisam, Luqman; Mubaraq, M. Amirrul
TAWAZUN: Journal of Sharia Economic Law Vol 6, No 1 (2023): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v6i1.16394

The purpose of this research is to know the sales system and implementation of istishna’ contract in the furniture industry in du putra jati furniture jepara. This study uses a qualitative type of research with an emphasis on the results of data collection from the specified informants which are descriptive with the approach used is the Islamic economics approach and the phenomenological approach. This research was conducted at CV Dua Putra Jati Jepara city. Data collection methods include observation, interviews, and document review. Data analysis techniques used are data reduction, data presentation and verification. Informants and respondents from the study include the owner of the CV Dua Putra Jati Furniture Jepara, employees and customers. The results of this study indicate that the Furniture Industry sales system at CV Dua Putra Jati Furniture begins with receiving orders from consumers via telephone, SMS or WhatsApp with specifications determined by the buyer regarding the size, model and price agreement with the Down Payment (DP) payment system by the maker by 50 percent and the rest is paid off when the goods are finished in work. Products that have been completed in the work will be checked first before being delivered to consumers accompanied by a sales invoice (invoice). Implementation of the istishna’ contract in the sales system at CV Dua putra Jati Furniture Jepara has complied with the principles of buying and selling istishna’ contracts, ordering and payment systems made in accordance with the ordering and payment system in the istishna’ contract.

Kajian Hukum Islam tentang Rekening Bersama (RekBer) pada E-Commerce Mursid, Fadillah; Nurhisam, Luqman
TAWAZUN: Journal of Sharia Economic Law Vol 5, No 1 (2022): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v5i1.13997

In trading conducted online or better known as E-Commerce, there are many cases of fraud that occur. Until finally, a Joint account emerged as an alternative for safe online transactions. Based on the above background, this study aims to discuss the legal status of the use of joint account services and any contracts that can be used in Joint Account transactions (RekBer) in E-Commerce. This research is a normative legal research, while the specification of this research is analytical descriptive. The main approach taken is doctrinal. The results of this study are that in Islamic law the use of third party services in a legal transaction is permissible (permissible), while contracts in account transactions in E-Commerce can use a combination of salam contracts and wakalah bil ujrah or ijaroh a'mal contracts.

Multi Level Marketing dalam Tinjauan Hukum Islam (Studi Fatwa DSN-MUI NOMOR: 75/DSN-MUI/VII/2009 Tentang Pedoman Penjualan Langsung Berjenjang Syariah) nurhisam, luqman
TAWAZUN: Journal of Sharia Economic Law Vol 2, No 2 (2019): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v2i2.6281

Bisnis Multi Level Marketing (MLM) kian hari makin berkembang, bahkan muncul MLM yang berbasis syari’ah. Perusahaan yang berbasis syari’ah diwajibkan memenuhi janji atau komitmennya. Hal ini sesuai dengan ajaran Islam, secara realitas, kini perusahan MLM sudah banyak tumbuh di dalam maupun luar negeri. Contohnya adalah Ahad Net, UFO BKB Syariah, Exer, Mitra Permata Haji, dan K-Link Indonesia yang menjalankan prinsip syari’ah dan memperoleh sertifikat halal dari DSN-MUI, sebagaimana yang difatwakan dalam Nomor: 75/DSN-MUI/VII/2009.Tujuan dari penelitian ini adalah untuk menganalisa kebolehan dari mekanisme Multi Level Marketing dengan menggunakan kerangka hukum Islam merujuk pada Fatwa DSN-MUI Nomor: 75/DSN-MUI/VII/2009. Metode penelitian yang digunakan adalah library research, dengan analisa deskriptif-kualitatif. Hasil dalam penelitian menunjukkan bahwa Multi Level Marketing yang mana telah dipraktekkan oleh masyarakat sebagaimana yang difatwakan oleh DSN-MUI Nomor: 75/DSN-MUI/VII/2009 tentang Pedoman Penjualan Langsung Berjenjang Syariah hukumnya adalah boleh, dengan merujuk kepada hadis-hadis yang diuraikan sebelumnya bahwasanya dapat dijadikan sebagai hujjah atau pedoman hukum dan segala kegiatan bisnis yang menggunakan pedoman penjualan berjenjang diharuskan memenuhi berbagai ketentuan-ketentuan sebagaimana yang terdapat dalam fatwa DSN-MUI Nomor: 75/DSN-MUI/VII/2009. DSN-MUI menggunakan dalil-dalil tersebut adalah sebagai landasan secara umum, karena tidak ada dalil yang spesifik terkait dengan Multi Level Marketing. Kata kunci: Multi Level Marketing, MLM, fatwa DSN-MUI

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