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Sengketa Ekonomi Syariah: Suatu Kajian Penyelesaian Kasus Sengketa Di Indonesia Famulia, Ledy; Santina, Rika
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 1 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v9i1.3249

Abstract

The settlement of sharia economic disputes through litigation is the authority of the Religious Court. One of the sharia economic decisions is decision Number 1/Pdt.G.S/2024/PA. Lmg. This dispute was filed by PT. Bank Pembangunan Daerah Jawa Timur. Tbk as the plaintiff who sued Anang Fitrianto, S.E as the defendant with a lawsuit for default based on the qard financing extension agreement. This study will analyze the settlement of sharia economic disputes as stated in Decision Number 1/Pdt.G.S/2024/PA. Lmg. The research method used in analyzing the research is a qualitative research method with a normative legal approach and a case approach. This research is descriptive qualitative, the data is analyzed to then draw conclusions using the inductive thinking method. The results of the study concluded that the settlement of sharia economic disputes was in accordance with the formal law and material law of the Religious Courts. This is based on the relative competence and absolute competence of the Religious Courts, the type of contract used, namely the qard contract, and the type of default decision
Reducing Stunting in South Lampung Regency through Preventing Early Marriage: A Critical Analysis Sari, Ratna Kumala; Prasetya, A. Riva; Zanariyah, Sri; Famulia, Ledy; Terina, Tian; Novalia, Novalia; Mirnasari, Tiar; Pahlevi, Reza
Journal of Judicial Review Vol. 26 No. 2 (2024): December 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i2.9945

Abstract

South Lampung Regency is recognized as one of the 100 priority districts/cities for addressing child stunting, as designated by the Poverty Reduction Acceleration Team. Efforts to prevent and reduce stunting vary across regions, with the South Lampung Regional Government implementing its own strategies. However, the stunting rate in South Lampung Regency has not shown a significant decline to date. This study aims to analyze policies aimed at reducing stunting rates in South Lampung Regency, with a particular focus on the prevention of early marriage. The research is situated within the framework of public legal policy, specifically addressing the reduction of stunting through measures to prevent early marriage in the region. To this end, a policy-oriented approach was adopted. Findings reveal that early marriage is a contributing factor to growth and developmental disorders in children, manifesting as stunting indicated by height or length measurements below standard norms. The correlation between stunting prevalence and the number of marriage dispensations granted in South Lampung Regency underscores this relationship. The South Lampung Regional Government’s efforts to combat stunting are encapsulated in the South Lampung Regent Regulation Number 15 of 2023, which focuses on accelerating stunting reduction. This policy highlights the critical need to address early marriage as a key strategy in mitigating stunting and ensuring healthier developmental outcomes for children in the region.
Sharia Business Contracts from the Perspective of Positive Law: An Analysis of Contract Implementation in Islamic Microfinance Institutions Maulidiana, Lina; Famulia, Ledy
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.10393

Abstract

The implementation of contracts (akad) in Sharia business agreements within Islamic Microfinance Institutions (IMFIs) often faces challenges due to discrepancies between Sharia principles and the provisions of national positive law. A lack of customer understanding regarding the contracts being applied, as well as weak Sharia oversight, contributes to undermining the legality and fairness of contract execution. This study aims to provide an in-depth analysis of how akad are implemented in IMFIs within the framework of Sharia business contracts and their relevance to Indonesian positive law. This is a descriptive qualitative study using a socio-juridical approach. Data collection techniques include direct observation at three IMFIs, in-depth interviews with managers and clients, and document analysis of the akad contracts used. The data were analyzed thematically through stages of data reduction, data presentation, and conclusion drawing, linked to legal theory and Sharia principles. The findings reveal that contract implementation remains largely administrative and does not reach a substantive understanding of the content and legal consequences of the agreements. Most clients are unaware of the type of akad used, and the contract documents have not fully referred to DSN-MUI fatwas or national legal regulations. The role of the Sharia Supervisory Board has also not been optimal in ensuring the Sharia compliance and legal validity of the contracts. The study concludes that there is both a normative and practical gap between Sharia business principles and positive law in the practice of akad in IMFIs. Future research is recommended to expand the study area and examine the effectiveness of Sharia legal training for IMFI managers as a means to improve the overall quality of Sharia contracts
High Risk in Loss Insurance in The Perspective of Conventional Insurance and Syariah Insurance Zanariyah, Sri; Famulia, Ledy; Renaldi, Rendy
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.13849

Abstract

This study examines the risk management of tabarru funds of sharia insurance at PT Asuransi Bumiputera Muda 1967 Serang. The aim is to determine the differences in principle between the conventional insurance system and the sharia insurance system in regulating high-risk issues. This study is classified as doctrinal legal research (normative juridical) which is descriptive and analytical in nature based on data obtained through a literature review. This study found differences in tendencies between conventional insurance and sharia insurance in responding to high risks in a guaranteed contract. According to the conventional insurance system, high risks occurring at the implementation stage of the agreement can result in the termination of the insurance agreement. However, if the high risk has been calculated from the beginning of the contract and agreed upon by both parties, then the contract will continue following the agreement stated in the policy. In contrast to this principle, the sharia insurance system applies the principle of ta'āwun (mutual assistance) where each insurance participant donates their funds to other participants who are affected by disasters, regardless of the risk being low or high. Thus it can be concluded that in conventional insurance the relationship that occurs is between individuals and the company while in sharia insurance all insurance participants are collectively bound to the company and share the risk (transfer risk).
Maqâshid al-Sharî‘ah Review of the Implementation of Sharia Franchise at 212 Mart Bandar Lampung, Indonesia Maulidiana, Lina; Famulia, Ledy
al-'adalah Vol 20 No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16339

Abstract

This article aims to analyze the fulfillment of maqâshid al-sharî'ah towards the implementation of sharia franchises at 212 Mart Bandar Lampung. The theory of maqâshid al-sharî'ah is a theory that becomes a benchmark in analyzing a new phenomenon in society which aims to make it relevant to the rules in Islam. The problems in this study include how the indicators are used by franchisors who claim to apply Sharia principles and how to implement franchises that apply Sharia principles when viewed from maqâshid al-sharî'ah. The purpose of the discussion in this study is to determine the fulfillment of maqâshid al-sharî'ah in the 212 Mart Bandar Lampung shari'ah franchise. The research method uses qualitative methods with an empirical juridical approach. The results of the study show that what is implemented by 212 Mart Bandar Lampung has fulfilled the elements of dlarûriyyât, hajiyyât, and tahsîniyyât although there are still things that need to be adjusted to the basic rules for determining ujroh following the DSN MUI Fatwa that applies in Indonesia. 
Analisis Perbandingan Hubungan Zakat dan Pajak di Indonesia, Malaysia, dan Brunei Darussalam Famulia, Ledy
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 54 No 1 (2020)
Publisher : UINSunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v54i1.417

Abstract

Abstract: Muslim majority countries have set their own policies and strategies in the handling and management of zakat and taxes. Some countries may apply similar management by correlating between zakat and taxes, but several other countries may establish different models. This article examines the correlation and management models of zakat and tax in three Muslim majority countries in Southeast Asia: Indonesia, Malaysia and Brunei Darussalam. Using a normative juridical approach and comparative analysis, this study concludes that the management of zakat and taxes in Indonesia, Malaysia, and Brunei Darussalam shares many similarities, but also has some differences. In Indonesia, zakat is made deductible from taxable income, while in Malaysia the zakat policy is applied as a tax deduction. The management of zakat and taxes in Brunei Darussalam is regulated differently since the two are not considered related to each other. The different models of zakat and tax management in Indonesia, Malaysia, and Brunei Darussalam turned out to have a significant effect on zakat and tax revenue in the three countries. Abstrak: Negara-negara muslim memiliki kebijakan dan cara tersendiri dalam menangani dan mengelola hubungan antara zakat dan pajak. Beberapa negara memiliki kemiripan dalam mengelola hubungan zakat dan pajak, namun beberapa negara yang lain menggunakan model yang berbeda . Artikel ini mengkaji hubungan dan model pengelolaan zakat dan pajak di tiga negara, yakni Indonesia, Malaysia dan Brunei Darussalam. Penelitian ini menggunakan pendekatan yuridis normatif dengan analisis perbandingan. Dari kajian yang telah dilakukan diperoleh kesimpulan bahwa pengelolaan zakat dan pajak di Indonesia, Malaysia, dan Brunei Darussalam memiliki banyak kemiripan, namun juga terdapat beberapa perbedaan. Jika di Indonesia zakat dijadikan sebagai pengurang penghasilan kena pajak maka di Malaysia diterapkan kebijakan zakat sebagai pengurang pajak. Sedangkan di Brunei Darussalam, zakat dan pajak tidak terkait satu sama lain. Perbedaan model pengelolaan zakat dan pajak di tiga negara ini: Indonesia, Malaysia, dan Brunei Darussalam ternyata berpengaruh cukup signifikan terhadap peningkatan pemerolehan zakat dan pajak sekaligus.