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ANALYSIS OF LEGAL ASPECTS ON DEBT TRANSFER FROM CONVENTIONAL BANK TO SHARIA BANK POST THE APPLICATION OF QANUN ACEH NO. 11 OF 2018 Chairul Fahmi; Wira Afrina
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 4 No 1 (2023): Al-Mudharabah : Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

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The Government of Aceh has promulgated Qanun Number 11 of 2018 concerning Islamic Financial Institutions, in which all financial institutions, banking institutions and non-banking institutions must adopt Sharia principles, including all debts must be transferred to Islamic banks from non-Islamic banks. The purpose of this study is to determine the debt transfer process and the impact of debt transfer activities from Conventional Banks to Sharia Banks in Banda Aceh City and the suitability of its implementation after the enactment of Qanun No. 11 of 2018 concerning Islamic financial institutions in terms of the Hawalah contract. This research method uses an empirical juridical research approach. The research results show that there are several stages in the credit transfer implementation mechanism. Second, the impact for the bank is that it can increase bank margins; for customers, the impact is getting additional funds, and financial solutions with sharia transactions bases and can extend instalment of their debt. Finally, implementing the transfer of debt at Bank Syariah Indonesia (BSI) Banda Aceh City is in accordance with the established regulatory mechanism and with positive law and sharia law using the hawala contract.

UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS IN THE INDONESIAN TRADING BUSINESS Nurul Maghfirah; Siti Zaviera; Daffa Alghazy; Chairul Fahmi
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 3 No 2 (2022): Al-Mudharabah : Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v4i2.3384

This article aims to find out the concept of Intellectual Property Rights (IPR) in Indonesia and its application in business ventures. In general, Indonesia has recognised IPR and has passed a number of laws related to IPR protection. This research uses a literature approach method, where data is obtained from secondary sources, both from books, articles and various references related to this research. The results show that the application of IPR in Indonesia is still experiencing various problems, where many IPR results are violated. Conversely, law enforcement against IPR violations is still very weak. This is inseparable from the scope of IPR which is categorised as part of civil law. This means that if no one reports and feels harmed by the IPR violation, then the violation is not followed up or handled by the authorities.

THE CONCEPT OF FRANCHISING IN THE INDONESIAN’S CIVIL LAW AND ISLAM Iwandi Iwandi; Rustam Efendi; Chairul Fahmi
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 4 No 2 (2023): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.3409

The franchise concept is an agreement between the franchisor and the franchisee. This means that the franchisor, as the patent owner of the trademark, has the right to receive a certain amount of royalties or fees to be paid by the franchisee based on legal provisions. Franchise agreements are regulated in Indonesian civil law with regard to special rights to trademarks. While in Islamic law, the franchise agreement is actually a development of a form of cooperation (syirkah). This research uses the library research method, where data sources come from laws and other secondary data. The results of this study indicate that a franchise agreement under civil law, which refers to Article 4 of Government Regulation No. 42 of 2007 on Franchising, states that every franchise agreement of any kind must be made in writing by the parties. The existence of a franchise agreement is an innominaat contract. Innominaat contracts are contracts that arise, grow and develop in practice. From the perspective of Shari'ah economic law, franchise agreements belong to the group of shirkah (partnership) and the law is permissible. In addition, the franchise agreement involves the cooperating parties, namely the franchisor and the franchisee. Meanwhile, the franchisor's capital consists of intellectual rights in the form of company names, logos, systems and methods, which are owned and developed by the franchisor.

PRAKTIK JUAL BELI DESAIN GRAFIS MELALUI SISTEM HIRING DALAM PERSPEKTIF AKAD ISTISNA’ PADA MARKETPLACE SRIBU.COM Cut Azzahra Muly; Chairul Fahmi
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol 5 No 1 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i1.4545

The practice of buying and selling graphic designs through the Sribu.com marketplace via a hiring system is a phenomenon that facilitates collaboration between clients and designers efficiently and transparently. The problem in this research is how to practice buying and selling graphic designs on the Sribu.com marketplace through the hiring system and how to review the Istisna' contract. The results of this research indicate that from an Islamic legal perspective, this transaction can be interpreted as a form of istisna' contract, which involves determining specifications, prices and payments based on the work that has been done. Any discrepancy between the design and the client's brief may result in the cancellation of the transaction as a valid option, taking into account the principles of fairness in dispute resolution. This practice allows the application of Islamic values and business principles in accordance with religious law in the context of the graphic design trade.

UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS IN THE INDONESIAN TRADING BUSINESS Maghfirah, Nurul; Zaviera, Siti; Alghazy, Daffa; Fahmi, Chairul
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 3 No. 2 (2022): Al-Mudharabah : Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v3i2.3384

This article aims to find out the concept of Intellectual Property Rights (IPR) in Indonesia and its application in business ventures. In general, Indonesia has recognised IPR and has passed a number of laws related to IPR protection. This research uses a literature approach method, where data is obtained from secondary sources, both from books, articles and various references related to this research. The results show that the application of IPR in Indonesia is still experiencing various problems, where many IPR results are violated. Conversely, law enforcement against IPR violations is still very weak. This is inseparable from the scope of IPR which is categorised as part of civil law. This means that if no one reports and feels harmed by the IPR violation, then the violation is not followed up or handled by the authorities.

THE CONCEPT OF FRANCHISING IN THE INDONESIAN’S CIVIL LAW AND ISLAM Iwandi, Iwandi; Efendi, Rustam; Fahmi, Chairul
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 4 No. 2 (2023): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.3409

The franchise concept is an agreement between the franchisor and the franchisee. This means that the franchisor, as the patent owner of the trademark, has the right to receive a certain amount of royalties or fees to be paid by the franchisee based on legal provisions. Franchise agreements are regulated in Indonesian civil law with regard to special rights to trademarks. While in Islamic law, the franchise agreement is actually a development of a form of cooperation (syirkah). This research uses the library research method, where data sources come from laws and other secondary data. The results of this study indicate that a franchise agreement under civil law, which refers to Article 4 of Government Regulation No. 42 of 2007 on Franchising, states that every franchise agreement of any kind must be made in writing by the parties. The existence of a franchise agreement is an innominaat contract. Innominaat contracts are contracts that arise, grow and develop in practice. From the perspective of Shari'ah economic law, franchise agreements belong to the group of shirkah (partnership) and the law is permissible. In addition, the franchise agreement involves the cooperating parties, namely the franchisor and the franchisee. Meanwhile, the franchisor's capital consists of intellectual rights in the form of company names, logos, systems and methods, which are owned and developed by the franchisor.

ISLAMIC LAW REVIEW OF MONOPOLY PRACTICES IN MODERN ECONOMICS Muhammad Achyar; Fahmi, Chairul
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 5 No. 2 (2024): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v5i2.6545

This research aims to analyse how the mechanism of modern economic monopoly practices, and how its application can prevent harmful business practices, and support the creation of a fairer and more ethical market in accordance with Islamic teachings. This research uses a qualitative approach with a literature study method (library research). This approach was chosen because it is in accordance with the purpose of this research, which is to evaluate monopoly practices in the context of modern economics based on the perspective of Islamic law. The results show that the rapid development of the modern economy and the phenomenon of monopoly have become one of the issues that attract the attention of economists, legislators, and legal scholars, including Islamic legal experts. In the context of Islamic law, monopolies that harm the interests of society are considered immoral and prohibited, as they can lead to economic injustice and oppression of consumers. Islam emphasises the importance of fairness, balance and protection of individual rights in every economic transaction. Islamic law, through concepts such as hisbah (market supervision) and ihtikar (prohibition of hoarding goods to raise prices), prescribes those economic activities be conducted in a fair and transparent manner. Therefore, monopolistic practices that result in market imbalances and harm society should be avoided.

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