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All Journal ACTIVA: Jurnal Ekonomi Syariah Jurnal Antologi Hukum
Farida Sekti Pahlevi
Institut Agama Islam Negeri Ponorogo
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonisasi Hukum Ekonomi dalam Mewujudkan Kemakmuran Masyarakat Indonesia Farida Sekti Pahlevi
ACTIVA: Jurnal Ekonomi Syariah Vol 2 No 1 (2019): April
Publisher : LP3M STITNU Al Hikmah Mojokerto

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Abstract

The Indonesian state has a responsibility in ensuring the prosperity of its citizens in accordance with the ideals of the nation as contained in Pancasila and the 1945 Constitution. Equitable welfare can be created when equality of economic, political, socio-cultural rights, equal treatment before the law is well implemented, constitution expressly mandates that social welfare is the highest priority of Indonesia's public policy. The reciprocal relationship between law and economics is a reference in fulfilling the needs of the community. The Pancasila economic system is the Indonesian economic system which in its implementation always adheres to the national personality. Economic activities involving the interests of many people are needed by the Law so that every problem that occurs can be resolved in accordance with the applicable rules. Economic activities in society must always move, develop and order according to the needs of the community in a country. Economic law by realizing the prosperity of the people of Indonesia needs to be harmonized. The development of economic activities that are relatively more rapid so far, needs to be followed by the development of legal arrangements, so that people's prosperity can be realized in accordance with the hopes and ideals of the nation. Basically the study of economic law is directed at increasing the carrying capacity of legislation that regulates economic activities. The complete set of laws or legislation will provide legal certainty for the implementation of legal relations that create rights and obligations for legal subjects, in general, as well as in the relations of economic activities in particular
Praktek Gadai Sawah di Kelurahan Klemunan Wlingi Blitar dalam Analisis Hukum Islam Farah Diba Arafat; Farida Sekti Pahlevi
Jurnal Antologi Hukum Vol. 1 No. 1 (2021)
Publisher : Fakultas Syariah Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (480.138 KB) | DOI: 10.21154/antologihukum.v1i1.244

Abstract

In the Klemunan Village, Wlingi, Blitar, there is a practice of pawning with guaranteed fields that can be used indefinitely. This practice is detrimental to one of the parties because the income from Rahin is directly transferred to the Murtahin. The purpose of this study was to determine a precise analysis of Islamic law on the practice of pawning rice fields in the Klemunan, Wlingi, Blitar Villages and as a medium of knowledge for the surrounding community who still use the pawning method. Qualitative methods are used in this research, while field data collection uses interviews, documentation, and observation. Data analysis was done by the deductive method. This research shows that the rice field pawning contract in the Klemunan Village, Wlingi, Blitar is not by Islamic law, it is because when the contract takes place, the specific conditions must be met by Rahin so that the Murtahin can accept the rice fields. The contract is valid, but the conditions are considered void. According to Islamic legal theory, using the object of pawning the fields without a time limit is inappropriate because the Murtahin can use the object of the pawn without a time limit or until the debt is completed. In the Klemunan Village, the sub-district is not by Islamic law because when Rahin cannot pay its debt to the Murtahin, the rice fields used as collateral can change ownership to become the property of the Murtahin.
Co-Authors Farah Diba Arafat