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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Srawung: Journal of Social Sciences and Humanities
Nurwahjuni, Nurwahjuni
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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DEBT CHARACTERISTICS IN FINANCING BASED ON PROFIT SHARING PRINCIPLES IN SHARIA BANKS Usanti, Trisadini Prasastinah; Nurwahjuni, Nurwahjuni; Setiawati, Anindya Prastiwi; Setiawati, Nur Utari
Srawung: Journal of Social Sciences and Humanities Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jssh.v4i2.764

Abstract

One of the fundamental principles underlying financing in sharia banks is the principle of profit sharing, specifically in mudharabah and musyarakah contracts. These financing schemes are characterized by the sharing of business profits and losses. However, the term “debt” appears in the clauses of mudharabah and musyarakah financing contracts in sharia banks and in several Religious Court decisions. In fact, financing based on the profit-sharing principle constitutes a partnership between capital and labor, not a debt or credit contract. Therefore, in mudharabah financing, if a loss occurs that is not due to the negligence of the capital manager (mudharib), it is borne by the capital owner (shahibul maal), whereas in musyarakah financing, losses are borne jointly. This study examines the issue of debt in financing based on the profit-sharing principle. The approaches employed include statutory, conceptual, and case law analysis. The term “debt” in this context refers to an outstanding obligation in the form of financing capital and the profit-sharing portion derived from the ongoing business income of the mudharib, which is the rightful share of the shahibul maal. However, the profit-sharing portion from a business that has ceased operations is not considered a debt that the mudharib is obligated to repay to the shahibul maal.
Rethinking the Application of the Difference Principle in Arrangements for the Distribution of Job Loss Benefits Hitaningtyas, Ratih Dheviana Puru; Subhan, M. Hadi; Ramli, Lanny; Nurwahjuni, Nurwahjuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.5053

Abstract

The philosophy of organizing labor social security aims to protect workers from socio-economic risks resulting from involuntary loss of income. This includes providing protection during and after the employment relationship. Job Loss Insurance (JKP) under the National Social Security System (SJSN) is designed to offer protection to workers experiencing Termination of Employment (PHK), but workers who resign voluntarily are not entitled to benefits under Article 19 in conjunction with Article 20 of Permenaker No. 37/2021. This paper proposes reinterpreting the concept of termination and applying the Difference Principle to extend JKP benefits to workers who resign involuntarily (Constructive Dismissal) in line with the principles of organizing social security.
Co-Authors Anindya Prastiwi Setiawati Hitaningtyas, Ratih Dheviana Puru Lanny Ramli, Lanny Setiawati, Nur Utari Subhan, M. Hadi Trisadini Prasastinah Usanti