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Kedudukan Fatwa Dsn Mui Dalam Penyelesaian Sengketa Ekonomi Syariah Di Peradilan Agama (Studi Putusan Nomor: 386/Pdt.G/2021/Pa.Yk) Muhammad Khoiru Sa’i; Zaidah Nur Rosidah
TAFAQQUH Vol. 7 No. 2 (2022): Tafaqquh : Jurnal Hukum Ekonomi Syariah dan Ahwal Syahsiyah
Publisher : STIS DAFA MATARAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70032/wjkram37

This study aims to understand the resolution of Islamic economic disputes through litigation in Religious Courts and analyze the position of DSN-MUI Fatwas in court proceedings. The focus is on a case between KJKS BMT Berkah Al-Fath Mulia and Fahmi Akbar Idries Bin Ahmad Mudjib regarding breach of contract (wanprestasi) and surety liability (Borgtocht), adjudicated by the Yogyakarta Religious Court under case number 386/Pdt.G/2021/PA.YK. The research employs a normative method with a library research approach. The collected data is analyzed descriptively to explain the role of DSN-MUI Fatwas in legal considerations for resolving Islamic economic disputes. The findings reveal that the judge utilized DSN-MUI Fatwas in legal considerations as written doctrines reflecting Islamic principles and societal values. In this case, DSN-MUI Fatwa Number 07/DSN/MUI/IV/2000 on mudharabah financing was used to strengthen other legal considerations permissible under legal provisions. This research contributes to clarifying the role of DSN-MUI Fatwas as legal guidelines in resolving Islamic economic disputes in Religious Courts. It enhances understanding of the integration of Islamic law into Indonesia's judicial system.

IMPLIKASI PUTUSAN TALAK VERSTEK TERHADAP HAK NAFKAH MANTAN ISTRI (ANALISIS PUTUSAN PENGADILAN AGAMA KARANGANYAR) Sangidun, Muhammad; Rosidah, Zaidah Nur
AS-SALAM Vol 13 No 02 (2024): PENDIDIKAN DAN HUKUM: TANTANGAN, SOLUSI
Publisher : LPPM STAI DARUSSALAM LAMPUNG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51226/assalam.v13i02.735

Article 149 KHI provides protection of rights to wives who are divorced through talak divorce. This protection is in the form of an obligation for ex-husbands to provide iddah and mut'ah maintenance whether this is requested or given by the judge through his ex officio rights. However, in decision number 1288/Pdt.G/2020/PA.KA. Karanganyar Religious Court, the judge decided not to grant the claim for maintenance rights even though the plaintiff was also a wife who was divorced by divorce. This research focuses on exploring the judge's reasons for rejecting the charge, as a form of judge's interpretation of the provisions of Article 149 KHI regarding case number 1288/Pdt.G/2020/PA.KA. The data in this study were obtained through primary sources of interviews with judges examining cases, as well as secondary data in the form of legal materials to find out the concrete considerations of judges in trials in the form of copies of decision number 1288/Pdt.G/2020/PA.KA and decision number 348/Pdt. G/2020/PA. Smn. The data in this study were processed and displayed in the form of descriptions, as well as analysis using deductive methods. The examining judge for case 1288/Pdt.G/2020/PA.KA interpreted the provisions of Article 149 KHI as an imperative, but limited obligation. This means that the wife's rights can be invalidated for several reasons, including because of the nusyuz wife or the absence of the wife during the divorce trial. In deciding cases, Keyword: Divorce; Iddah; Mut’ah; Living; Verstek

Enhancing Consumer Protection in Electronic Transactions in Indonesia Rosidah, Zaidah Nur; Karjoko, Lego
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3942.pp194-207

Technological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective.

The Government’s Role in Interfaith Marriage Rights Protection: A Case Study of Adjustment and Social Integration Rosidah, Zaidah Nur; Karjoko, Lego; Palil, Mohd Rizal
Journal of Human Rights, Culture and Legal System Vol. 3 No. 2 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i2.105

The research aims to determine the government's role in interfaith marriage rights protection in Indonesia and Malaysia. This research belongs to normative research that examines the role of government in the religious difference in marriage in Indonesia and Malaysia. This research employed a case approach, namely the study of the role of government in interfaith marriage rights protection. The techniques of collecting law items were conducted using literature research, while the analysis techniques were performed using deductive syllogism and interpretative methods. The results indicated that interfaith marriages are not technically recognized in Indonesia since the marriage connection is regarded to be a contract between two persons of the same religion.Â While this is going on, interesting cases frequently take place near the Malaysian and Indonesian borders, particularly in the Sambas region. The Indonesian government's role in intermarriage rights protection is manifested in the Indonesian judiciary. The courts have sanctioned multiple interfaith marriages. Religious conflicts that occur in Malaysia cannot be avoided. It may become a ticking time bomb or a flesh-piercing thorn

Socialization of the Implementation of the Halal Product Assurance Law in Pucangan Village, Kartasura Sukoharjo Yazid, Afthon; Rosidah, Zaidah Nur; Masjupri; Umi Rohmah
Malik Al-Shalih : Jurnal Pengabdian Masyarakat Vol. 3 No. 1 (2024): Malik Al-Shalih: Jurnal Pengabdian Masyarakat
Publisher : Fakultas Ekonomi dan Bisnis Islam - IAIN Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52490/malikalshalih.v3i1.2766

This study delves into social service initiatives in Pucangan Village, Kartasura, focused on educating the public about obtaining halal certificates and the significance of consuming halal products. Led by the Department of Sharia Economic Law (HES) at Raden Mas Said State Islamic University Surakarta, activities encompassed lectures, interactive discussions, evaluations, and result reporting. The primary aim was to familiarize the community with the Halal Product Assurance Law (UU JPH), fostering dialogue between residents and experts to exchange information, address concerns, and clarify ambiguities at the grassroots level. Furthermore, this initiative significantly contributed to the academic advancement and strategic objectives of UIN Raden Mas Said Surakarta, while advancing the field of Sharia economic law in Indonesia. Findings demonstrate that the community service program effectively heightened local awareness of the halal certification process and emphasized the importance of consuming certified products. By assisting small and medium-sized entrepreneurs in navigating certification procedures more efficiently, the program has enhanced food quality standards in the area. Overall, these results underscore the program's success in closing knowledge gaps and promoting adherence to halal standards within the community.

Peran Dewan Pengawas Syariah dalam Penetapan Biaya Tagih dan Denda Murabahah di BMT Bina Insan Mandiri Karanganyar Putra, Ressa Ananda; Rosidah, Zaidah Nur
Jurnal Hukum Ekonomi Syariah Vol 4 No 1 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al-Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i1.1287

The rapid growth of Sharia-based financial institutions in Indonesia shows a significant trend, where BMT or Sharia cooperatives have become one of the most favored Sharia financial institutions by the community. In Murabahah financing at KSPPS BMT Bina Insan Mandiri Karanganyar, there is an application of collection fees for visits to the homes of customers who experience delayed payments, as well as penalties for late installments. According to Sharia principles, the practice of charging penalties for late installment payments is not permitted. This raises questions about the compliance of financing practices with Sharia principles and the implementation guidelines of Murabahah based on the Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) Number 04/DSN-MUI/IV/2000, which requires the contract to be free from usury (riba). This study aims to analyze the determination of collection fees and penalty charges for late installment payments by customers, as well as to examine the role of the Sharia Supervisory Board in overseeing these two aspects in Murabahah financing. The method used in this study is field research with a qualitative approach. The results show that collection fees are a form of operational costs, such as fuel expenses, incurred to conduct visits to customers’ homes. Meanwhile, penalty charges are imposed due to customers' late installment payments. According to the Sharia Supervisory Board, collection fees can be categorized as ta’widh (compensation), while penalty charges fall under ta’zir (sanction). Keyword: Sharia Supervisory Board, Ta’widh, Ta’zir

Literasi Pra-Nikah di Era Digital: Edukasi dan Sharing Gen- Z Tentang Kesiapan Ekonomi, Mental, Hukum Dalam Pernikahan Ideal di MAN 1 Boyolali Nikmah, Roykhatun; Muhdi; Nur Rosidah, Zaidah; Zuhroh, Diana; Mardian, Andi; Wati, Asiah; Fitri Lestari, Arum
Jurnal Pengabdian kepada Masyarakat Desa (JPMD) Vol. 6 No. 2 (2025): JPMD
Publisher : LP3M IAIFA Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/jpmd.v6i2.2588

This study addresses the low level of premarital literacy among Generation Z, which has implications for economic readiness, mental preparedness, and legal understanding before marriage. The research aimed to analyze the effectiveness of an interactive premarital literacy program conducted through community service activities at MAN 1 Boyolali. The problem was the lack of structured and contextual education on premarital readiness in senior high schools. Using a educational approach with interactive lecture method, data were collected through observation, pre-test and post-test, and documentation. The participants were 50 twelfth-grade students from diverse socio-economic backgrounds. The results showed a 32% average increase in knowledge after the program, with the highest improvement in legal understanding (38%), followed by economic readiness (28%) and mental preparedness (24%). The findings confirm that integrating interactive lectures, case studies, and contextual discussions significantly enhances premarital literacy, especially in Generation Z. This study suggests incorporating premarital literacy into the school curriculum as a preventive education strategy to prepare youth for building healthy and sustainable marriages.

BUREAUCRATIC EFFICIENCY ISSUANCE OF HALAL CERTIFICATES FOR MICRO AND SMALL BUSINESSMEN rosidah, zaidah nur
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4919

The obligation to be halal certified for micro and small business actors must be implemented no later than October 17 2026, but to date there are still many micro and small business actors who do not have a halal certificate. This research aims to evaluate the bureaucracy of issuing halal certificates for micro and small businesses. As well as providing recommendations so that the bureaucracy of issuing halal certificates for micro and small businesses becomes efficient.The research method used in this research uses a socio legal study approach. Primary data collection was carried out by conducting interviews with several micro and small business actors, the halal task force of the ministry of religion and the cooperative, SME and industry services. Meanwhile, secondary data was collected through library studies of primary and secondary legal materials. To obtain answers to deductive syllogism research problems.The results of the research obtained several conclusions, namely first, the obligation to be certified halal for micro and small business actors is still not implemented well, there are still many micro and small business actors who do not have a halal certificate. The influencing factor is a lack of knowledge because the outreach carried out by the halal task force and the SME and industrial cooperatives service has not reached all micro and small business actors. Second, the bureaucracy of issuing halal certificates for micro and small businesses is inefficient regarding time and energy. The time required to issue a halal certificate is an average of 2 to 3 months compared to the 12 working days required for self-declaration and the regular 21 working days. The fee for issuing a halal certificate is free if you apply through the self-declare mechanism, and is charged if you go through the regular route. The institutions involved in issuing halal certificates are MUI, LPH, and BPJPH. However, MUI involvement is still with the Central MUI.

Management and Utilization of Nusa Penida Island by Foreign Nationals in Relation to Licensing Regulations in Indonesia rosidah, zaidah nur; Liza Priandhini
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6162

This paper examines the management and utilization of small islands in Indonesia, specifically Nusa Penida, by foreign nationals(WNA) in relation to the prevailing legal regulations on land and investment permits. Indonesia, being an archipelagic nation, ishome to numerous islands that attract both local and foreign investors, especially in tourism. The legal framework governingforeign investment in small islands, including the necessary permits, is explored, with particular focus on the requirements set out inthe Indonesian legal system, such as the UUPA (Agrarian Law), the Management of Coastal Areas and Small Islands (PWP3K Law), andvarious ministerial regulations. The paper addresses how foreign nationals engage in island management in Nusa Penida,particularly in tourism-related ventures like hotels, resorts, and recreational activities such as diving and snorkeling. It evaluates theimpact of such foreign investments on the local community, highlighting both positive and negative aspects. One significant issuediscussed is the long-term land leasing agreements between foreign nationals and Indonesian landowners, which may potentiallylead to unintended ownership transfers andlegal disputes, as well as challenges in ensuring compliance with Indonesian land laws.The study also delves into the regulatory gaps in the implementation of these laws, particularly the lack of clear procedural guidelines for foreign investment in small islands. Furthermore, it calls for stricter enforcement and monitoring of land use and property transactions to prevent the unregulated acquisition of land by foreign nationals and to protect the national interest.Finally, the paper offers recommendations for improving legal oversight, such as ensuring proper registration of land transactions,enhancing the role of notaries and land officials in verifying the legality of land agreements, and ensuring that foreign investments arealigned with Indonesia's economic and environmental goals. The findings suggest that while foreign involvement in small islandmanagement can contribute to the local economy, stringent legal frameworks and thorough monitoring are essential to safeguardthe nation's sovereignty over its natural resources.

Enhancing Consumer Protection in Electronic Transactions in Indonesia Zaidah Nur Rosidah; Lego Karjoko
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3942.pp194-207

Technological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective.

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