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All Journal LEGAL BRIEF Britain International of Humanities and Social Sciences (BIoHS) Journal
Mhd Yadi Harahap
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Transaction of Damaged Cash Exchange in the Perspective of Islamic Economic Law (Case Study in Medan City) Suhendri Irandi; Mhd Yadi Harahap; Ramadhan Syahmedi Srg
Britain International of Humanities and Social Sciences (BIoHS) Journal Vol 3 No 1 (2021): Britain International of Humanities and Social Sciences, February
Publisher : Britain International for Academic Research (BIAR) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/biohs.v3i1.377

Abstract

From the discussion of damaged cash exchange transactions carried out by corrupted money collectors in the city of Medan, the author can draw several conclusions, as follows: Currency transactions that are unfit for circulation that occur in the city of Medan are closely related to the concept of the sharf contract in the perspective of Islamic economic law. This is, if we look at it from the object being transacted, namely currency, even though the money is money which is not fit for circulation. In this transaction, the terms and conditions in the sharf contract concept must be fulfilled in it. The application of Law of the Republic of Indonesia Number 7 of 2011 concerning Money Changes in the community has been running, but is still not optimal. This is because there are still many people who do not know or do not understand how to exchange their damaged cash. Most people feel that the damaged cash they have is no longer sold to be spent. In fact, based on the Regulation of Members of the Board of Governors Number 19/13 / PDADG / 2017 concerning Rupiah Currency Exchange, it explains the procedure for exchanging money that is not fit for circulation. In the perspective of Islamic economic law, the practice of changing corrupted money by the corrupt money-seeking community is divided into three opinions. One opinion says, it is legally forbidden'. This opinion argues that the laws that apply to paper money also apply to gold and silver. There are two requirements in the sale and purchase of gold with gold or silver and silver, namely: the same weights and cash in one agreement. Meanwhile, the second opinion is allowed even though there is a difference in the nominal value. Another case is the third opinion which first sees the public's attitude towards money unfit for circulation.
Legal Consequences of Fines for Street Vendors Through North Sumatra Provincial Regulation Number 35 of 2025 from the Perspective of Siyasah Qadhaiyyah (Case Study of North Labuhanbatu) Imam Mashuri Nasution; Mhd Yadi Harahap
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1476

Abstract

This study aims to analyze the legal consequences of imposing fines on street vendors (PKL) in North Labuhanbatu Regency who sell on the roadside, viewed from the perspective of siyasah qadhaiyyah. This issue is important to study considering that many street vendors still violate the provisions of North Sumatra Provincial Regulation Number 35 of 2025, thus causing disturbances to public order. To obtain answers to the above problems, this study uses an empirical legal research type with a case study approach and statutory regulations. The data were collected through field observations and in-depth interviews with informants / respondents. The results of the study indicate that the imposition of fines has not fully complied with the provisions of the Regional Regulation, both in terms of amount and imposition procedures. From the perspective of siyasah qadhaiyyah, these sanctions must be implemented by considering the principles of benefit, proportionality, and justice so as not to cause greater harm to traders
Co-Authors Imam Mashuri Nasution Ramadhan Syahmedi Srg Suhendri Irandi