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ANALISIS ASAS KONSENSUALISME DI LEMBAGA KEUANGAN SYARIAH Abdullah, Junaidi
IQTISHADIA Vol 8, No 2 (2015): IQTISHADIA
Publisher : IQTISHADIA

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Artikel ini bertujuan untuk menganalisis asas konsensualisme (asas kesepakatan para pihak) dalam perjanjian di Lembaga Keuangan Syariah. Asas konsensual adalah perjanjian itu ada sejak tercapai kata sepakat antara pihak yang mengadakan perjanjian yang berlaku dalam sistem hukum perjanjian Indonesia. Sedangkan dalam Islam dinamakan asas kerelaan (Al Ridha), Asas ini menyatakan bahwa semua kontrak yang dilakukan oleh para pihak harus didasarkan kepada kerelaan semua pihak yang terlibat di dalamnya. Implementasi asas konsensualisme/asas kerelaan dalam perjanjian/aqad lembaga keuangan syariah adalah perjanjian/aqad yang ada dalam lembaga keuangan syariah itu sudah tersedia tanpa melibatkan calon nasabah, nasabah tinggal membaca dan menelitinya, tanpa bisa merubah isi perjanjian/aqad, kalau dia sepakat maka tinggal membubuhkan tanda tangannya. Bentuk penanda tanganan kedua belah pihak ini, menunjukan kesepakatan para pihak.Kata Kunci : Asas Konsensualisme, Lembaga Keuangan Syariah, Hukum PerjanjianÂ ANALYSIS OF CONSENSUALISM IN SHARIA FINANCIAL INSTITUTIONAbstractThis article attempts to analyze consensualism (consensus of all parties) in Sharia Financial Institutionâs agreement within Indonesian contract law system. In Islam, it is referred to as al-ridha. This basis states that every contract should be Â Â based on mutual consensus among parties involved. Implementation of consensualism in Sharia financial institutionâs agreement usually initiated by the institution only. Customers have just read and analyzed it without any chance to modify the content. Should they agree with the contract, they can sign it. The signature of both parties shows mutual consensus.Â Â Â Â Keywords: Consensualism, Sharia Financial Institution, Contract Law

PENYELESAIAN SENGKETA WAKAF DALAM HUKUM POSITIF Abdullah, Junaidi; Qodin, Nur
ZISWAF Vol 1, No 1 (2014): ZISWAF : Jurnal Zakat dan Wakaf
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

Waqf property in principle are the property of the people, as suchbenefits must also be felt by the people and therefore at the level of the waqfproperty is ideally collective responsibility to maintain itâ€™s exist.Indonesian state has a Muslim majority society. This conditioncertainly makes the problem of managing endowments, become a very urgentproblem and very vulnerable. In addition, problems sometimes arise seizureof waqf land ownership rights between the heirs wakif nadzir even there is aperson who has dared to be against the law to transfer or assign ownership toanother party. Those problems need to be addressed as well as law enforcementboth litigation and non-litigation order berkepastian law, justice and legalexpediency. Indonesia is a country of law as in Article 1 (3) of the Constitutionof the Republic of Indonesia (UUDNRI) 1945, so that all activities in ourcountry governed by law.Dispute resolution based on traditional endowment Indonesianpositive law is: Non-Litigation. (A). Peace and Alternative Dispute Resolution(ADR). The legal basis of dispute resolution outside of court can be deliveredas follows: Article 3, paragraph (1) of Law No. 14 of 1970, Article 1851 ofthe Civil Code, Article 1855 of the Civil Code, Article 1858 of the Civil Code,alternative dispute resolution is only regulated in one article, namely Article6 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.(B). Procedures and dispute settlement procedures of Article 62 of Law No.perwakafan 41/2004 explains: perwakafan dispute settlement be reachedthrough negotiation to reach an agreement, if the dispute resolution referredto in subsection (1) does not succeed, the dispute can be resolved throughmediation, arbitration, or court. Article 62 of Law No. 41/2004 explains thatin solving the problems of the waqf property to first prioritize the attitude ofdeliberations to reach a consensus. Litigation: In the context of endowments,the Institute for Religious Courts through Article 49 of Law No. 7 of 1989as amended by Act Number 3 of 2006 on the Religious Courts. EndowmentsAct No. 41 of 2004, there are criminal provisions, which is still limited targetNazdhir and Officer Deed of Pledge Waqf. This is explained in Article 67paragraph (1) and paragraph (3).

TATA CARA DAN PENGELOLAAN WAKAF UANG DI INDONESIA Abdullah, Junaidi
ZISWAF Vol 4, No 1 (2017): ZISWAF : Jurnal Zakat dan Wakaf
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

Cash waqf is not refers to money waqf only but also cover waqf of capital stock and obligation. This kind of waqf has been acknowledged by waqf institution in Indonesia and also has been regulated by the government. This article describes its regulation and how to do cash waqf in Indonesia.

MEMAHAMI POLA PEMBAHARUAN PAHAM KEPEMIMPINAN MANAJEMEN PERWAKAFAN DI INDONESIA ABDULLAH, JUNAIDI; Aristoni, Aristoni
ZISWAF Vol 3, No 1 (2016): ZISWAF : Jurnal Zakat dan Wakaf
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

The tradition of the Indonesian Islamic community who tend to interpret the waqf as ibadahtabarru 'which has dimensions that are sunnah Award, in the realm of implementation are still heavily influenced understand professed by the majority of society itself, the local customs. In addition, it is also influenced by religious ideology, which is a habit to take legal actions, especially on the ground perwakafan orally on the basis of mutual trust to a particular person or institution, and this practice many people do before the Law No. 5 of 1960 on Basic Regulation of Agrarian and Government Regulation No. 28 Year 1977 on Land Owned perwakafan. The phenomenon of this tradition implications perwakafan in Indonesia has not experienced encouraging development for the benefit of the people, even suppose many emerging new issues such as loss of property for religious use, utilization is not appropriate designation endowments, low ability to manage so many waqf property displaced and so forth.Pattern management leadership implementation waqf ago is still considered consumer-static, meaning that the management of property endowments are less able to provide benefits to the community, it can be seen from the model of leadership within the agency kenazhiran paternalistic and absence of adequate control, the recruitment of human resources more focused on ketokoan clerics, scholars, religious teacher regardless of professionalism, no clear operational standards empowerment and so forth. in line with the enactment of Law No. 41 2004 quiet Endowment and Government Regulation No. 28 Year 1977 on Land Owned perwakafan, then it started last major improvement in the management of the renewal perwakafan Indonesia understands both institutionally related empowerment, development and coaching, management kenazhiran and others.

ASPEK HUKUM PENGGUNAAN TEKNOLOGI INFORMASI DALAM WAKAF UANG DI INDONESIA Abdullah, Junaidi; Qodin, Nur
ZISWAF Vol 1, No 2 (2014): ZISWAF : Jurnal Zakat dan Wakaf
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

Waqf money more effectively and become the trend of worship today, becausethe endowment money, the money is used as capital, then distribute the profitsas endowments. However, the process of distribution of cash waqf requireswakif must transfer money to Nazhir wakafnya wakafnya that money can bedistributed in the manner intended. Therefore, may assume a very importantrole of information technology to simplify all matters in the field of bankingaffairs, including through electronic media. This will be analyzed in termsof the legal aspects of the use of information technology in the waqf moneyas protection and legal protection. Waqf money is one of the productiveendowments. Endowments productive is a gift in the form of something thatcan be cultivated or rotated for the good and benefit of the people. The shapecan be either cash or securities. Waqf money distribution process requireswakif must transfer money to Nazhir wakafnya wakafnya that money can bedistributed in the manner intended. The use of electronic media in terms ofthe distribution of money endowments that we can see the setting in Act No.11 of 2008 on Information and Electronic Transactions (UU ITE) in article1, paragraph (2) which states that: â€œElectronic transactions are legal actperformed by using a computer, computer network and / or other electronicmedia. â€œ. Regarding the placement money waqf stipulated in Article 25(d) of Government Regulation (PP) No. 42 of 2006 on the Implementationof Law No. 41 of 2004 on endowments. to facilitate the delivery of moneywaqf is done by transferring money from the endowment wakif to depositaccounts which have been provided by Nazhir through the bank. Along withthe development of information technology as well as to facilitate all mattersincluding the business banking sector use of electronic media such as internet,ATM, credit card or SMS banking included in conveying the waqf money.

REFORMULASI HARTA SEBAGAI SUMBER ZAKAT DALAM PERSPEKTIF ULAMA KONTEMPORER Toni, Aris; Abdullah, Junaidi
ZISWAF Vol 2, No 2 (2015): ZISWAF : Jurnal Zakat dan Wakaf
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

Khazanah Islamic jurisprudence provide us with different definitions of charityexpressed by the scholars and the point is redemption rights are required ona particular property, which cater to certain mandatory based on the haul(deadline) and nishab (minimum). Wisdom itself that is prescribed alms tocleanse the wealthy and property by paying attention to the fate of those whoneed to contribute in realizing the benefit of religion and race. Neverthelessterhadp type of property as a source of zakat or with other terms treasurecompulsory zakat differences of opinion among scholars both scholars of theSalaf and contemporary scholars. The differences are based on their respectivearguments in the text of Al-Aqurâ€™an interpret and Al-Hadith of the charity. Forthat in addressing the variety of ulama regarding compulsory zakat treasure,it is essential to us to understand comprehensively the various aspects offeredprimarily legal reasons used by scholars in setting property as a source of zakat.

TATA CARA WKAF TANAH HAK MILIK SETELAH BERLAKUNYA UNDANG UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF Abdullah, Junaidi
ZISWAF Vol 5, No 2 (2018): ZISWAF =Jurnal Zakat dan Wakaf
Publisher : Program Studi Zakat dan Wakaf

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Waqf is horizontal social worship and can be made for the welfare of the people. Waqf can be in the form of immovable objects such as land that has become the propertyBefore the issuance of Law number 41 of 2004 concerning Waqf, the implementation of waqf in the community when the land of ownership was granted both for mosques, prayer rooms and schools without being registered and not registered, so that when the Wakak died there would be problems relating to land that had represented, usually the heirs demand the return of waqf land that has been represented by their parents. So to avoid this problem, the regulations from the government appear to regulate or answer the problems mentioned above.The procedure for land waqf after the enactment of Law No. 41 of 2004 concerning Waqf is through the waqf pledge process by the Wakif, then a waqf pledge is made which directly pledges before PPAIW or can be represented by making a power of attorney and strengthened by two witnesses or deed of replacement for the waqf certificate for the Wakif who has passed away. After being made AIW or APAIW registered with the BPN with the conditions. After completion, it was announced at the general register of the Ministry of Religion office and BWI.Â

Institusi Pengelola Zakat Dalam Hukum Positif Di Indonesia Abdullah, Junaidi
ZISWAF Vol 5, No 1 (2018): ZISWAF: Jurnal Zakat dan Wakaf
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

Zakat is a property that must be set aside by a Muslim or an entity that is owned by Muslims in accordance with the provisions of religion to be given to those who are entitled to receive it. Zakat should be managed properly and professionally, so that the benefits of zakat can prosper the people and can alleviate poverty and can turn mustahik into muzakki. In Indonesia, the government has made several regulations on zakat, namely with the enactment of Law number 38 of 1999 concerning the management of Zakat and has been revised by Law No. 23 of 2011. In the Law that carries out zakat management are institutions officially recognized by the government. These institutions are BAZNAS and LAZ. The form of zakat management carried out by BAZNAS and LAZ starts from the collection, distribution, utilization and reporting.

Tata Cara Wakaf Hak Milik Setelah Berlakunya Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf Abdullah, Junaidi
ZISWAF Vol 5, No 2 (2018): ZISWAF: Jurnal Zakat dan Wakaf
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

Waqf is horizontal social worship and can be made for the welfare of the people. Waqf can be in the form of immovable objects such as land that has become the propertyBefore the issuance of Law number 41 of 2004 concerning Waqf, the implementation of waqf in the community when the land of ownership was granted both for mosques, prayer rooms and schools without being registered and not registered, so that when the Wakak died there would be problems relating to land that had represented, usually the heirs demand the return of waqf land that has been represented by their parents. So to avoid this problem, the regulations from the government appear to regulate or answer the problems mentioned above.The procedure for land waqf after the enactment of Law No. 41 of 2004 concerning Waqf is through the waqf pledge process by the Wakif, then a waqf pledge is made which directly pledges before PPAIW or can be represented by making a power of attorney and strengthened by two witnesses or deed of replacement for the waqf certificate for the Wakif who has passed away. After being made AIW or APAIW registered with the BPN with the conditions. After completion, it was announced at the general register of the Ministry of Religion office and BWI.

JAMINAN FIDUSIA DI INDONESIA (TATA CARA PENDAFTARAN DAN EKSEKUSI) Abdullah, Junaidi
BISNIS Vol 4, No 2 (2016): BiSNIS: Jurnal Bisnis dan Manajemen Islam
Publisher : Fakultas Ekonom dan Bisnis Islam Institut Agama Islam Negeri (IAIN) Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/bisnis.v4i2.2693

Debtor when asking to financing financing institution(creditors) usually use the guarantee in the form of objects thatmove and things that do not move. When guaranteed in theform of moving objects, then creditors will bind him withfiducia warrant.. Fiducia warrant is the right guarantees formoving objects either exist or not exist and objects do not moveespecially the building could not be burdened by the yoke rightsreferred to in Law Number 4 of 1996 on the Rights of the yokethat remain in the mastery of a Warner fiducia warrant, ascollateral for certain debt repayment, which provide thepreferred position to the recipient fiducia warrant against othercreditors. (Article 1 of Act No. 42 The year 1999 about fiduciawarrant). Fiducia warrant must be made by deed autentik andmust be registered in the registration office fiducia warrant andwant to warranty certificate fiducia warrant. But sometimes thedebtor does not perform its obligations to the debtor, so that thedebtor has the right to execute the things that have beenpledged fiducia warrant. But sometimes the implementation ofthe execution get resistance from the debtor, because thecreditors with using services debt collector take force objectsfiducia warrant without doing the negotiations even tear in thestreets. For that the police can provide security servicesexecution of parties willing to execute the object fiduciawarrant.

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