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HAK PENGGUNAAN FOTO UNTUK KEPERLUAN PERDAGANGAN: PERSPEKTIF HUKUM ISLAM DAN UNDANG-UNDANG HAK CIPTA Asnita, Dessy; Muthmainnah; Agustinar; Muallimah, Sitti
Tadayun: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 2 (2023)
Publisher : Program Studi Hukum Ekonomi Syariah, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/tadayun.v4i2.113

Abstract

In the era of online business, the use of photos owned by others has become a common practice, often overlooked as a serious matter. However, such actions can give rise to serious issues, particularly considering the significant economic value associated with creativity in business endeavors, especially with regard to photo rights. This research aims to investigate the phenomenon of using photos in commercial activities and analyze the perspectives of copyright law and Islamic law on this phenomenon. Through a qualitative approach in literature research, the research objectives, encountered issues, methods employed, and findings obtained will be detailed. The results of the study indicate an increasing trend in the use of photos for commercial purposes, driven by the perspective of some online business practitioners who perceive the claiming of others' photo rights as commonplace. Islamic law permits the use of photos in trade as long as they are one's own creation and obtained in accordance with Islamic principles. On the other hand, copyright law prohibits the use of photos in commercial activities due to infringement of copyright. Thus, this research provides a profound understanding of the impact of this phenomenon and a comparison between the perspectives of Islamic law and copyright law regarding the use of photos in online business transactions. Abstrak Dalam era bisnis online, penggunaan foto milik orang lain telah menjadi kebiasaan yang umum, meskipun seringkali diabaikan serius. Padahal, tindakan tersebut dapat menimbulkan permasalahan serius, terutama mengingat nilai ekonomi yang besar terkait dengan kreativitas dalam usaha bisnis, khususnya hak foto. Penelitian ini bertujuan untuk menyelidiki fenomena penggunaan foto dalam kegiatan perdagangan dan menganalisis perspektif undang-undang hak cipta dan hukum Islam terhadap fenomena tersebut. Melalui pendekatan kualitatif dalam penelitian pustaka, tujuan penelitian, permasalahan yang dihadapi, metode yang digunakan, dan temuan yang diperoleh akan diuraikan secara rinci. Hasil penelitian menunjukkan bahwa penggunaan foto untuk kebutuhan dagang semakin meningkat, didorong oleh pandangan sebagian pelaku bisnis online yang menganggap klaim hak foto orang lain sebagai hal biasa. Hukum Islam memperbolehkan penggunaan foto dalam perdagangan asalkan merupakan karya milik sendiri dan diperoleh sesuai dengan prinsip syariat Islam. Di sisi lain, undang-undang hak cipta melarang penggunaan foto dalam kegiatan perdagangan karena melanggar hak cipta. Dengan demikian, penelitian ini memberikan pemahaman yang mendalam tentang dampak fenomena ini serta perbandingan antara perspektif hukum Islam dan undang-undang hak cipta terkait penggunaan foto dalam bisnis perdagangan online
Eksplorasi Zakat Saham Dalam Tinjauan Ekonomi Islam Sitti Muallimah; Agustinar; Asnita, Dessy
J-EBIS (Jurnal Ekonomi dan Bisnis Islam) Vol,9 No 1 (2024)
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/j-ebis.v9i1.7048

Abstract

This research aims to find out how Zakat on Shares is from an Islamic Economic Perspective? And what is the potential for Zakat on shares as a source of income for the community? The method used is a qualitative descriptive approach. The results obtained are that in a review of Islamic economics, share zakat is one mechanism for implementing the principle of a more equitable distribution of wealth in society, while supporting sustainable economic development. Exploration of share zakat in Islamic economics is a relevant and important concept in the development of an economic system based on Islamic principles. The potential for share zakat in Indonesia has increased, but this increase is not commensurate with the number of investors and the population of Indonesia. One of the causes is the low level of understanding of share zakat among investors, so this education is a necessity. Share Zakat has great potential for the people. The more people who invest in sharia shares, the greater the potential for collecting zakat on shares, which includes providing a wider selection of sharia shares, supporting companies that comply with sharia principles, and holding educational programs for Muslims about investing in accordance with sharia.
Exploring forced marriage in Islam: Analysis of Imam Al-Shafi'i's perspective, Indonesian Islamic marriage law, and human rights considerations Asnita, Dessy
Jurnal Anifa: Studi Gender dan Anak Vol 5 No 1 (2024): Mei 2024
Publisher : Pusat Studi Gender dan Anak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/anifa.v5i1.7189

Abstract

The Wali mujbīr is a guardian who has the right to marry off his daughters without their prior consent. Although Imam Al-Syāfi'ī supports this concept, the Marriage Law Number 1 of 1974 and the Compilation of Islamic Law do not explicitly recognize the ijbār right. This article examines the existence and implications of the mujbīr guardian's right in the context of Islamic law in Indonesia, considering the voluntary principle in marriage. This research utilizes a qualitative approach with primary data from the Al Umm book and Indonesia's Compilation of Marriage Laws. The results indicate that the ijbār right is not contradictory to Islamic law in Indonesia and does not violate Human Rights, although the guardian must meet certain conditions before forcing a marriage. This highlights the debate surrounding decisions made on the assumption that daughters are incapable of making their own decisions in marriage.
Online Shop Business Owners’ Perception Toward Zakat in Langsa City Asnita, Dessy; Agustinar; Adlin Wan Draman, Wan Mohd Ashraf
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 1 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i1.5742

Abstract

In the perspective of Islamic law, ideally, every income that has reached the threshold should be subject to a certain amount of zakat. In reality, many online entrepreneurs in Kota Langsa are indifferent to this matter, causing academic concern behind the lack of awareness in paying zakat. This article falls under field research with a qualitative approach. The methodology used is descriptive analysis study. Primary data sources include in-depth interviews with online business operators in Kota Langsa. Secondary data sources comprise scholarly articles published within the last five years. The research concludes that the lack of awareness stems from confusion among the public regarding the amount and procedures of zakat in online trade that must be fulfilled. Therefore, governmental socialization efforts are needed to stimulate public interest in its distribution.
Praktik Jual Beli Buah Rusak Perspektif Hukum Ekonomi Syariah Pada Pasar Tradisional Seruway Nisa, Afratun; Asnita, Dessy; Faisal, Faisal; Mudrika, Syarifah
Al - Muamalat: Jurnal Hukum dan Ekonomi Syariah Vol 9 No 1 (2024): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v9i1.7880

Abstract

The practice of buying and selling damaged fruits in the traditional market of Seruway Sub-district has been ongoing for a long time. In this practice, sellers offer these damaged fruits at relatively low prices, making them highly sought after by consumers. This writing aims to explore how the buying and selling of damaged fruits occur in the traditional market of Seruway Sub-district, Aceh Tamiang Regency, and how Islamic economic perspectives view such practices. The research employed a field research approach with a qualitative descriptive analysis method. The research findings conclude that the buying and selling of damaged fruits occur willingly between sellers and buyers. Sellers proactively separate good-quality fruits from damaged ones, allowing buyers to decide whether they are willing to proceed with the transaction. This approach minimizes disputes or deception between sellers and buyers. According to Islamic economic theory, the practice of buying and selling damaged fruits in the Seruway Sub-district Traditional Market is deemed legitimate. This is because it adheres to the requirements and principles of Islamic commerce. The study contributes to a better understanding of the legal status of buying and selling damaged fruits and can serve as a reference for further research on similar themes.
Akad Jual Beli dan Uang Ganti Rugi Rumah Dinas di Kota Langsa Perspektif Fikih Muamalah Asnita, Dessy; Muttaqin, Zainal; Safitri, Rahmad; Indrayani, Dewi
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 6 No 1 (2024): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v6i1.7300

Abstract

Compensation money handed over by new residents to old residents of official residences in Langsa City as well as handover transactions for official residences have caused problems related to the status of the contract and ownership rights which occurred after payment of a sum of money which was also recognized as compensation money. Through a qualitative approach with descriptive methods, this research aims to determine the status of contracts, compensation money and ownership rights for official residences in Langsa City from a muamalat fiqh perspective. This research reveals that an official residence transaction that is recognized as a sale and purchase agreement is a false sale and purchase agreement because the old occupant as a seller is not the owner of the official residence as al-mabi' so the status of ownership of the official residence does not transfer to the buyer, but remains ownership. National Police. Furthermore, handing over compensation money is not appropriate because it is contrary to the concept of al-ta'widh, causing the transfer of assets from the party giving compensation money to be illegal to own and not permissible to use.
HAK KHIYAR AL TADLIS DALAM TRANSAKSI JUAL BELI SEPEDA MOTOR BEKAS: PERSPEKTIF IMAM AL SHARKASI Asnita, Dessy; Rauzi, Muhammad; Dwi Kurnia, Ryzka
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (2023)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v3i2.69

Abstract

The subject of this research is the responsibility of khiyar al-tadlis in the process of sale and purchase of used motorcycles in Gampong Kemuning Peureulak Perspective Al Sharkasi. To analyze the data on the research has been used Qualitative Descriptive Analysis. As for this research, the results have shown that the sale transactions in Gampong Keumeng are performed orally regarding the price and conditions. However, the written transaction begins after the price is settled. Negotiations use easy-to-understand words so consumers can understand what to do when a transaction occurs. It's usually accepted both by the seller and buyer. In the practice of buying used motorcycles in the Gampong Keumuneng, the linen used is a linen. Because the damage was decided after the obstacle was made. According to Imam Al Sharkasi, if the buyer finds out the defect of the goods when making a transaction, the transaction is valid and there is no right of choice or deference afterwards because the purchaser accepts the circumstances with the condition of such goods.
MODERASI BERAGAMA DALAM KONTEKS STUDI SYARIAH: TANTANGAN DAN PEMAHAMAN YANG BERAGAMA Asnita, Dessy; Ryzka Dwi Kurnia; Asih Pertiwi
TERAJU: Jurnal Syariah dan Hukum Vol 6 No 02 (2024)
Publisher : P3M dan Jurusan Syariah dan Ekonomi Bisnis Islam STAIN Sultan Abdurrahman Kepulauan Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35961/teraju.v6i02.1151

Abstract

This paper discusses the importance of religious moderation in the context of Sharia studies and the associated challenges and understandings of religion. The religious moderation movement has a significant impact on maintaining sustainability, social harmony, and interfaith coexistence in contemporary Muslim society. Despite the diverse views on religious moderation, it is essential to understand that this concept should lead to the preservation of strong faith in Aqidah while practicing tolerance in religious matters. This article also examines various perspectives of scholars and thinkers regarding religious moderation, both in support and doubt. This research employs a qualitative research approach to explore differing viewpoints and understand complex issues within the context of religious moderation. The research findings indicate that moderation is not intended to undermine Aqidah but rather to strengthen it by maintaining tolerance in specific areas such as creed, jurisprudence, ethics, transactions, and economics. A balanced understanding of religious moderation can serve as a strong foundation for creating a peaceful and united Muslim community, in line with Islamic values that emphasize peace, harmony, and interfaith coexistence.
HIT AND RUN: A Phenomenological Study of Producer Experience in e-Commerce Transactions with the Pre-Order System from a Fiqh Muamalah Perspective Asnita, Dessy; Mudrika, Syarifah
Al-Muamalat: Jurnal Ekonomi Syariah Vol 12, No 1 (2025): January (IN PRESS)
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v12i1.40958

Abstract

This research was conducted on clothing manufacturers located in Bandung and Bekasi, as well as on one distributor in Medan. The "hit & run" phenomenon in e-Commerce transactions with the Pre-Order (PO) system has a significant impact on the existence of sales and the operational business of manufacturers. In the Pre-Order model, buyers place orders for products but often fail to make payments or disappear after the goods are sewn. This phenomenon results in stock accumulation, disruption of financial flows, and financial losses for manufacturers. The objective of this study is to analyze the impact of the "hit & run" phenomenon on clothing manufacturers and to find solutions to address this issue. The research method used is a qualitative approach with a descriptive phenomenological type. Data was collected through interviews with eight clothing manufacturers experienced in PO transactions, using WhatsApp chats and Zoom Meetings. The research findings show that the "hit & run" phenomenon harms manufacturers and causes uncertainty in their business operations. The implications of this study highlight the importance of developing more cautious policies in accepting orders and implementing effective communication strategies to minimize the risk of losses. This research provides an in-depth understanding of the dynamics of e-Commerce transactions with the PO system and valuable insights for manufacturers in managing risks and improving their business continuity in a competitive market.
HIT AND RUN: A Phenomenological Study of Manufacturer Experience in E-Commerce Transactions with the Pre-Order System from a Fiqh Muamalah Perspective Asnita, Dessy; Mudrika, Syarifah
Al-Muamalat: Jurnal Ekonomi Syariah Vol. 12 No. 1 (2025): January
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v12i1.40958

Abstract

This research examines clothing manufacturers located in Bandung and Bekasi and a distributor in Medan to analyze the impact of the "hit-and-run" phenomenon in e-commerce transactions using the Pre-Order (PO) system. In this model, buyers place orders for products but frequently fail to complete payments or disappear after the items have been produced. This issue leads to stock accumulation, disrupts financial flows, and results in significant economic losses for manufacturers. This study aims to analyze the impact of the "hit-and-run" phenomenon on clothing manufacturers and explore potential solutions to mitigate it. The research method used is a qualitative approach with a descriptive phenomenological type. The research findings show that the "hit-and-run" phenomenon negatively affects manufacturers, creating uncertainty in their business operations. The implications of this study highlight the importance of developing more cautious policies in accepting orders and implementing effective communication strategies to minimize the risk of losses. This research provides an in-depth understanding of the dynamics of e-commerce transactions with the PO system and valuable insights for manufacturers in managing risks and improving their business continuity in a competitive market.