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All Journal Al-Mustashfa PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Tabarru': Islamic Banking and Finance Amwaluna Jurnal Ekonomi dan Keuangan Syariah Pena Justisia: Media Komunikasi dan Kajian Hukum Res Nullius Law Journal Al-Awqaf: Jurnal Wakaf dan Ekonomi Islam Coopetition : Jurnal Ilmiah Manajemen International Journal Of Science, Technology & Management (IJSTM) International Journal of Environmental, Sustainability, and Social Science Eco-Iqtishodi : Jurnal Ilmiah Ekonomi dan Keuangan Syariah E-Coops-Day : Jurnal Ilmiah Abdimas Batulis Civil Law Review Koaliansi Jurnal Ilmiah Manajemen dan Ilmu Sosial : Co-Management International Journal of Integrative Sciences Nanggroe: Journal Of Scholarly Service Jurnal Ilmiah Manajemen dan Ilmu Sosial : Co-Management Jurnal International Economic Sharia Ipso Jure
Nurjamil
Universitas Koperasi Indonesia
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Journal : Res Nullius Law Journal

 1 
MODEL PENYELESAIAN SENGKETA PEMBIAYAAN BERMASALAH PADA BANK WAKAF MIKRO BERBASIS PESANTREN Nurjamil, Siti Nurhayati, Ahmad Agung, Ine Risnaningsih
Res Nullius Law Journal Vol 1 No 2 (2019): Volume 1 No 2 2019
Publisher : Fakultas Hukum Universitas Komputer Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (420.576 KB) | DOI: 10.34010/rnlj.v1i2.2618

Abstract

Design/methodology/approach-This research is an analytical descriptive research with normative juridical approach. The data were obtained from library research and field research through in-depth interviews with related parties including the management of the Micro Waqf Bank Islamic Microfinance Institution Ranah Indah Darussalam Ciamis West Java Indonesia and Commissioner of the Financial Services Authority of Indonesia then analyzed qualitatively. This research was conducted in Ciamis and Bandung West Java Indonesia. Finding- The finding of this study has confirmed that Sharia economic disputes are the absolute competencies of the Religious Courts based on Article 49 of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts including disputes on BWM financing. In disputes that occur in troubled financing BWM the stages of completion are by intensive collection (cash collateral), rescheduling, reconditioning, or restructuring or also known as the stages of fulfillment of performance and deliberation and mediation between BWM management and customers involving other customers both in the scope “umpi” and cluster to be dealt joint responsibility among customers so that the settlement of disputes through litigation in religious courts does not need to be taken by the parties. Keywords: Problematic Financing, Micro Waqf Bank, Dispute Resolution, Deliberation, non litigation
IMPLEMENTASI KAIDAH AL-KHARAJ BI-ADDHAMAN DALAM PEMBIAYAAN SINDIKASI SYARIAH DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH: Implementation Of Al-Kharaj Bi-Addhaman Rules In Sharia Syndicated Financing In The Perspective Of Sharia Economic Law Mustofa, Nurjamil, Rachmat Syafe’I,
Res Nullius Law Journal Vol. 6 No. 1 (2024): Volume 6 No 1 2024
Publisher : Fakultas Hukum Universitas Komputer Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34010/rnlj.v6i1.11676

Abstract

The goal of this study is to describe the application of the Al-Kharaj Bidhdhaman rule, which specifies who bears the risk and who is entitled to a well-known benefit in sharia business contracts, particularly when applied in syndicated financing carried out by financial institutions as viewed through the lens of sharia economic law. This is a library study that employs qualitative descriptive research methods. Secondary data from books, journals, and other research results are used by researchers to describe the rules in sharia business contracts, also known as legal maxims, and theories about syndicated financing in financial institutions such as banks, which are then normatively analyzed in accordance with laws and regulations. According to the study's findings, the al-Kharaj Bidhdhaman Rule is also a very important rule in syndicated financing-based business activities at Islamic Banks, which is implemented in the agreed clauses in the contract used by customers, bank leaders, and participants of sharia syndicated financing, where the profits obtained by the parties are adjusted to the value of the syndicated participants' capital and the value of the syndicated participants' capital In mudharabah and musharakah-based contracts, the same value is applied for responsibility for the emergence of risks, including losses, which are, of course, excluded if they occur due to force majeure.
Co-Authors Al Hakim, Sofyan Athoillah, Anton Dadan Hamdani Dadi Nurpadi Dady Nurpadi Dewi Mulyani Eka Setiajatnika Enni Soerjati Frita Azalea Zahra Hakim, Atang Abdul Hasan Bisri Heri Nugraha Inne Risnaningsih Irma Reviana Assyarif Janwari , Yadi Jubaedah, Dedah Muhammad Haris Fadhillah Muhammad Iqbal, Eka Nurrohman Syarif, Nurrohman Oyo Sunaryo Renny Supriyatni Bachro Resmi Sri Utami Rosihon Anwar, Rosihon Sholehudin, Ending Siti Nurhayati Tajul Arifin Yadi Janwari